Oct. 13, 2020 / 7:14 AM / Updated Oct. 13, 2020 at 11:16 PM
Amy Coney Barrett refuses to share views on Roe vs. Wade abortion case
By
Don Jacobson & Danielle Haynes
Supreme Court nominee Judge Amy Coney Barrett answers questions Tuesday on the second day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington D.C. Pool Photo by Bonnie Cash/UPI | License Photo
Judge Amy Coney Barrett refused to share her views on the landmark 1973 case that legalized abortion, Roe vs. Wade. Photo by Kevin Dietsch/UPI | License Photo
Sen. Ted Cruz, R-Texas, attends the confirmation hearing for Judge Amy Coney Barrett on Tuesday. Photo by Kevin Dietsch/UPI | License Photo
Supreme Court nominee Judge Amy Coney Barrett responds to a question at Tuesday's hearing. Pool Photo by Erin Schaff/UPI | License Photo
Ranking Judiciary Committee member Sen. Diane Feinstein, D-Calif., questions Judge Amy Coney Barrett about her views on Roe vs. Wade: "You could be a very important vote." Pool Photo by Drew Angerer/UPI | License Photo
Sen. Dick Durbin, D-Ill., speaks in front of a poster showing "Impact If The ACA is Terminated" at Tuesday's hearing. The Supreme Court is scheduled to hear a challenge to the Afforidable Care Act in November. Pool Photo by Drew Angerer/UPI | License Photo
Judge Amy Coney Barrett points out members of her family attending the second day of hearings. Pool Photo by Shawn Thew/UPI | License Photo
If confirmed, Amy Coney Barrett would replace Justice Ruth Bader Ginsburg on the Supreme Court. Pool Photo by Drew Angerer/UPI | License Photo
Judge Amy Coney Barrett told committee members she will be able to set aside her own strong religious beliefs and rule with impartiality on all legal matters presented to the high court. Pool Photo by Drew Angerer/UPI | License Photo
Judge Amy Coney Barrett testified Tuesday that she has never discussed the Affordable Care Act with President Donald Trump or anyone else, saying under questioning that she has never been pressured to strike it down. Pool Photo By Tom Williams/UPI | License Photo
Judge Amy Coney Barrett displays a blank note pad after being asked about note taking as she answers questions on the second day of her confirmation hearing. Pool Photo by Drew Angerer/UPI | License Photo
Sen. Amy Klobuchar, D-Minn., attends the second day of hearings. Pool Photo by Bonnie Cash/UPI | License Photo
Judiciary Committee Chairman Sen. Lindsey Graham, R-S.C., asks questions during the confirmation hearing for Judge Amy Coney Barrett. Pool Photo by Tom Williams/UPI | License Photo
Sen. Sheldon Whitehouse, D-R.I., spoke about the role of the Federal Society using charts and other displays. Pool photo By Greg Nash/UPI | License Photo
Oct. 13 (UPI) --Supreme Court nominee Amy Coney Barrett refused to share her views on the landmark 1973 case that legalized abortion in the United States during her high court confirmation hearing Tuesday.
Asked by Sen. Diane Feinstein, D-Calif., if she agreed with the view of her late mentor, Justice Antonin Scalia, that Roe vs. Wade was "wrongly decided," Barrett demurred, saying it would be inappropriate to comment on controversial issues such as abortion.
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"It would be wrong for me to do that as a sitting judge," she said, adding she would not "grade" decisions made by Scalia or other justices.
Feinstein pressed further, saying Barrett's views on Roe vs. Wade could affect "millions of women. You could be a very important vote."
But Barrett again would not answer, saying, "Senator, I completely understand why you are asking the question, but again, I can't pre-commit or say 'yes, I'm going in with some agenda.'"
She referenced the so-called Ginsburg rule -- "no hints, no forecasts, no previews" -- a quote by then-nominee Ruth Bader Ginsburg who similarly refused to share her personal opinion on issues during her confirmation.
"That had been the practice of nominees before her, but everybody calls it the Ginsburg rule because she stated it so concisely and it has been the practice of every nominee since," Barrett said.
Barrett faced questioning Tuesday from lawmakers on the second day of her confirmation hearings. On Monday, she and members of the Senate judiciary committee read opening statements and settled procedural matters.
Each of the 22 committee members were given 30 minutes to question Barrett.
A second day of questioning will be held Wednesday, followed by a scheduled committee vote on Thursday. Barrett is expected to be confirmed along party lines. If approved, her nomination would move to the full Senate for a final vote, where she needs a simple majority to become a Supreme Court justice.
Earlier Tuesday, President Donald Trump's third high court nominee told committee members she will be able to set aside her own strong religious beliefs and rule with impartiality on all legal matters presented to the high court.
Asked by committee chairman Sen. Lindsey Graham, R-S.C., if she can put aside her Catholic beliefs as a Supreme Court justice, Barrett was insistent.
"I can. I have done that in my time on the 7th Circuit," she answered. "If I stay on the 7th Circuit, I'll continue to do that. If I'm confirmed to the Supreme Court, I will do that."
Sen. Sheldon Whitehouse, D-R.I., declined to ask Barrett any questions Tuesday and instead used his time to present his thoughts on the Federalist Society, a conservative group with which Barrett has been involved. He accused the group of being involved in a coordinated effort to stack the federal courts.
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"It's one scheme, with the same funders selecting judges, funding campaigns for the judges and then showing up in courts in these orchestrated amicus flotillas and telling judges what to do," he said.
Barrett was a member of the group in 2005-06 and again in 2014-17.
Barrett vowed in her opening statement on Monday that she would be fair and impartial on the Supreme Court.
Barrett, 48, praised the conservative Scalia, who died four years ago, as well as the liberal Ginsberg, whose death last month created the new vacancy on the high court bench.
During her testimony, Barrett sought to allay Democratic concerns that she would be a conservative activist by saying she has tried in the 7th Circuit "to reach the result required by the law, whatever my own preferences might be."
Skepticism was evident among the opening statements from Democratic senators Monday, many of whom focused on how Barrett might rule in an upcoming legal challenge to the Affordable Care Act.
They voiced fears that Barrett could be the pivotal vote in a case brought by Republican state officials seeking to dismantle the ACA, which Democrats say could strip insurance coverage for 20 million Americans during a pandemic.
Barrett testified Tuesday that she has never discussed the ACA with Trump or anyone else, saying under questioning that she has never been pressured to strike it down.
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Sen. Kamala Harris, D-Calif., used her time to frame Barrett's nomination as part of the Republicans' push to scrap ACA, stating the confirmation hearing is not in line with what Americans need from the government amid the pandemic.
She said, via teleconference from her office, that Republicans over the last nine years have tried 70 times to repeal or roll back the ACA in Congress and that they were now "scrambling to confirm this nominee as fast as possible because they need one more Trump judge on the bench before Nov. 10 to win and strike down the entire Affordable Care Act."
"This is not hyperbole," she said. "This is not a hypothetical. This is happening."
Harris, the last Democrat of the day to question Barrett, grilled the nominee over her previous criticisms on the ACA and asked if she had been aware of Trump's comments on seeking to nominate a justice who would strike down the ACA.
"I don't recall hearing about or seeing such statements," she said.
Harris later asked her as a sitting judge if she considers the impacts of her rulings on people's lives as the repeal of the ACA will impact millions.
"Every case has consequences on people's lives, so of course I do on every case that's part of the judicial process," Barrett responded.
Democrats also voiced demands that Barrett recuse herself from any case pertaining to the Nov. 3 election after Trump linked her confirmation with the need for nine justices to decide cases arising from a contested presidential race.
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Barrett's participation in any case involving Trump's election "would immediately do explosive enduring harm to the court's legitimacy and to your own credibility," Sen. Richard Blumenthal, D-Conn., said in his opening statement Monday. "You must recuse yourself."
Judge Amy Coney Barrett sworn in to U.S. Supreme Court
Amy Coney Barrett is sworn in as a U.S. Supreme Court justice in a ceremony on the South Lawn of the White House on Monday, October 26, 2020. Photo by Ken Cedeno/UPI | License Photo
Barrett will take the official oath tomorrow at the Supreme Court on Tuesday, allowing her to begin work on the court and establishing a 6-3 conservative majority. Photo by Ken Cedeno/UPI | License Photo
Supporters rally for Judge Amy Coney Barrett as the Senate voted 52-48 in favor of confirming her nomination to the Supreme Court. Photo by Kevin Dietsch/UPI | License Photo
Protesters oppose Amy Coney Barrett's nomination to the Supreme Court, as Democrats have criticized Republicans for rushing the confirmation ahead of November's election. Photo by Kevin Dietsch/UPI | License Photo
Senate Minority Leader Chuck Schumer, D-N.Y., speaks on the steps of the U.S. Capitol at a news conference after Democrats boycotted the Senate Judiciary Committee vote on the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court on October 22. Photo by Leigh Vogel/UPI | License Photo
Speaker of the House Nancy Pelosi, D-Calif., speaks during her weekly news conference at the U.S. Capitol after Democrats boycotted the vote on Barrett. Photo by Leigh Vogel/UPI | License Photo
Images of people who've been helped by the Affordable Care Act occupy the seats of Democratic senators who boycotted the Senate Judiciary Committee meeting on Barrett. The Republican-dominated committee voted to advance her nomination to the full Senate. Pool Photo by Caroline Brehman/UPI | License Photo
Judiciary Committee Chairman Sen. Lindsey Graham, R-S.C., presides next to an image of people who've been helped by the Affordable Care Act occupying the seat of ranking member Sen. Dianne Feinstein, D-Calif., who along with fellow Democratic committee members boycotted the meeting. The high court will soon hear a challenge to the ACA. Pool Photo by Hannah McKay/UPI | License Photo
Sen. Chuck Grassley, R-Iowa, takes a cellphone photo of the empty Democratic senators' seats. Pool Photo by Caroline Brehman/UPI | License Photo
"Handmaids Brigade" protesters stand in front of the Supreme Court prior to the committee's vote on Barrett's nomination. The costumes are a reference to the Hulu adaptation of the Margaret Atwood novel, "The Handmaid's Tale," which depicts a world in which women are stripped of their rights. Photo by Leigh Vogel/UPI | License Photo
Barrett meets with senators on Capitol Hill in Washington, D.C., on October 21. Photo by Leigh Vogel/UPI | License Photo
A full Senate vote on Barrett's confirmation has been scheduled for October 26. Pool Photo by Greg Nash/UPI | License Photo
Sen. Martha McSally, R-Ariz, (L) meets with Barrett on October 21. Pool Photo by Jim Lo Scalzo/UPI | License Photo
Barrett wears a protective mask as she meets with Sen. Rob Portman, R-Ohio, at the U.S. Capitol in Washington, D.C. on October 21. Pool Photo by Stefani Reynolds/UPI | License Photo
Barrett (L) meets with Sen. Roy Blunt, R-Mo. Pool Photo by Jacquelyn Martin/UPI | License Photo
Kristen Clarke testifies via video during the last day of confirmation hearings for Barrett before the Senate Judiciary Committee on October 15. Pool Photo by Susan Walsh/UPI | License Photo
Supporters rally in support of Barrett's nomination outside the Hart Senate Office Building in Washington, D.C., during the committee's final day of hearings. Photo by Kevin Dietsch/UPI | License Photo
Demonstrators wear "Handmaid's Tale" costumes as they protest outside of the Supreme Court in Washington, D.C. The costumes are a reference to the Hulu adaptation of the Margaret Atwood novel, which depicts a world in which women are stripped of their rights. Photo by Kevin Dietsch/UPI | License Photo
Sen. Patrick Leahy, D-Vt., speaks before the Senate Judiciary Committee. Pool Photo by Samuel Corum/UPI | License Photo
Professor Saikrishna Prakash of the University of Virginia School of Law testifies in favor of Barrett's confirmation. Pool Photo by Shawn Thew/UPI | License Photo
Laura Wolk, a former law clerk for Barrett, testifies to the committee. Pool Photo by Susan Walsh/UPI | License Photo
Judiciary Committee Chairman Sen. Lindsey Graham, R-S.C., takes part in a meeting before witness testimony. Pool Photo by Mandel Ngan/UPI | License Photo
American Bar Association representative Pamela J. Roberts (R) testifies before the committee on Barrett's legal qualifications to ascend to the high court. Pool Photo by Shawn Thew/UPI | License Photo
Senator Cory Booker, D-N.J., delivers remarks during the confirmation hearing. Pool Photo by Jonathan Ernst/UPI | License Photo
Graham (L) and ranking member Sen. Dianne Feinstein, D-Calif., attend the committee's executive business meeting. Pool Photo By Tom Williams/UPI | License Photo
Barrett answers questions on the third day of her confirmation hearing, though she declined to state her views on many issues. Pool Photo by Drew Angerer/UPI | License Photo
Barrett's family members are seated behind her during the hearing. Pool Photo by Susan Walsh/UPI | License Photo
Graham (L) confers with Feinstein during the third day of Barrett's confirmation hearings. Pool Photo by Michael Reynolds/UPI | License Photo
Barrett smiles as she answers questions. Pool Photo by Michael Reynolds/UPI | License Photo
Sen. John Cornyn (L), R-Texas, and Sen. Thom Tillis, R-N.C., participate in the third day of hearings. Pool Photo by Drew Angerer/UPI | License Photo
Barrett answers questions on the second day of her confirmation hearing on October 13. Pool Photo by Leah Millis/UPI | License Photo
Sen. Ted Cruz, R-Texas, wears a face mask designed like the Texas flag as Barrett appears before the committee. Photo by Kevin Dietsch/UPI | License Photo
Barrett refused to answer questions about her opinion of the 1973 Roe vs. Wade ruling that legalized abortion. "It would be wrong for me to do that as a sitting judge," she said. Pool Photo By Tom Williams/UPI | License Photo
Sen. Amy Klobuchar, D-Minn., speaks with a tweet displayed from President Donald Trump during the hearing. Pool Photo by Patrick Semansky/UPI | License Photo
Barrett told the committee members she would be able to set aside her own strong religious beliefs and rule with impartiality on all legal matters presented to the high court. Pool Photo by Shawn Thew/UPI | License Photo
Cruz speaks during the hearing. Pool Photo by Patrick Semansky/UPI | License Photo
Barrett sits in front of her family. Pool photo by Bonnie Cash/UPI | License Photo
Barrett removes her face mask when she returns from a break. Photo by Kevin Dietsch/UPI | License Photo
Committee Chairman Sen. Lindsey Graham, R-S.C., (R) speaks at the hearing. Pool Photo by Erin Schaff/UPI | License Photo
Barrett introduces members of her family to the committee. Photo by Kevin Dietsch/UPI | License Photo
Her husband, Jesse Barrett (R), and son John Peter sit behind her. Photo by Kevin Dietsch/UPI | License Photo
Graham (L) and Sen. Dianne Feinstein, D-Calif., speak before the hearing. Photo by Kevin Dietsch/UPI | License Photo
Barrett delivers her opening remarks on October 12. Pool Photo by Erin Schaff/UPI | License Photo
Barrett, 48, removes her mask to speak. Pool Photo by Win McNamee//UPI | License Photo
Barrett's youngest daughter, Juliet Barrett (L), stands with her father, Jesse Barrett, behind the judge. The Barretts have seven children. Pool Photo by Leah Millis/UPI | License Photo
Barrett is sworn in for the hearing. Pool Photo by Greg Nash/UPI | License Photo
The hearings are expected to last four days. Photo by Kevin Dietsch/UPI | License Photo
Ranking Judiciary Committee member Sen. Diane Feinstein, D-Calif., said Barrett's nomination is a threat to the Affordable Care Act. A challenge to the healthcare law is to go before the Supreme Court in November. Pool Photo by Stefani Reynolds/UPI | License Photo
Sen. Kamala Harris, D-Calif., who is running for vice president, speaks via video during Monday's hearing as Sen. John Kennedy, R-La., listens. Harris criticized the decision to hold the hearing during the coronavirus pandemic. Pool Photo by Patrick Semansky/UPI | License Photo
Committee Chairman Sen. Lindsey Graham, R-S.C., defended the decision to go ahead with Barrett's confirmation hearings as a constitutional duty. Pool Photo by Stefani Reynolds/UPI | License Photo
Sen. Mazie Hirono, D-Hawaii, wears a face mask depicting Ginsburg at Monday's hearing. Photo by Kevin Dietsch/UPI | License Photo
Demonstrators rally in front of the Supreme Court in support of Barrett's nomination. Photo by Ken Cedeno/UPI | License Photo
Demonstrators rally in front of the Supreme Court in support of Barrett's confirmation. Photo by Ken Cedeno/UPI | License Photo
Barrett goes to the U.S. Capitol to meet with Republican senators ahead of her confirmation hearing on October 1. Pool Photo by Caroline Brehman/UPI | License Photo
Barrett (L) meets with Sen. Mitt Romney, R-Utah, on September 30. Democrats have refused to meet with Barrett, citing opposition to moving ahead with her confirmation so close to the Nov. 3 presidential election. Pool Photo by Tom Williams/UPI | License Photo
Barrett (L) listens as Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., answers reporters' questions before a meeting in the Mansfield Room of the Capitol on September 29. Pool Photo by Chip Somodevilla/UPI | License Photo
Barrett, 48, has seven children under age 20. Pool Photo by Greg Nash/UPI | License Photo
Barrett (L) meets with Senate Majority Leader Mitch McConnell, who has vowed to push ahead with her confirmation. The move follows his refusal to grant the same courtesy to President Barack Obama's nominee after the death of Justice Antonin Scalia before the 2016 election. Pool Photo by Susan Walsh/UPI | License Photo
Demonstrators with the Poor People's Campaign walk to the Hart Senate Office Building on September 29 as Barrett meets with Senate Republicans. The group was demonstrating against her nomination. Photo by Stefani Reynolds/UPI | License Photo
From left to right, White House counsel Pat Cipollone, Barrett, Vice President Mike Pence and White House Chief of Staff Mark Meadows escort Barrett to the Senate for meetings. Pool Photo by Susan Walsh/UPI | License Photo
Barrett and Pence walk up the steps of the U.S. Capitol. Pool Photo by Erin Schaff/UPI | License Photo
Barrett (C) meets with Pence (L) and McConnell. Pool Photo by Erin Schaff/UPI | License Photo
Barrett (L) walks to the White House Rose Garden as President Donald Trump announces her as his nominee to the Supreme Court on September 26. Photo by Shawn Thew/UPI | License Photo
Trump is nominating Barrett to fill the vacancy left by Ginsburg's death on September 18. Photo by Kevin Dietsch/UPI | License Photo
If confirmed, Barrett will be Trump's third appointment to the Supreme Court and the fifth woman to serve. Photo by Shawn Thew/UPI | License Photo