Judge Amy Coney Barrett: Court Should Interpret 'Law As Written'

WASHINGTON, DC — The Senate Judiciary Committee wrapped up the first day of hearings in the fast-tracked nomination of conservative Judge Amy Coney Barrett to the U.S. Supreme Court. The panel heard five hours of opening statements and introductions Monday and is expected to vote on Barrett's confirmation Thursday.

The Senate is officially in recess until after the Nov. 3 general election, and the Trump administration faced sharp criticism for moving ahead with the confirmation hearings to fill the vacancy created with the death of Justice Ruth Bader Ginsburg while saying a coronavirus relief package will have to wait.

Ginsburg died Sept. 18, and President Donald Trump announced Barrett as his pick two weeks ago.

Barring an unexpected development, the 48-year appellate judge who follows the judicial philosophy of the late Justice Antoni Scalia is on track for appointment to a lifetime seat on the Supreme Court.

South Carolina Sen. Lindsey Graham, the chair of the panel, acknowledged “the COVID problem in America is real,″ but said, “We do have a country that needs to move forward safely.”

Both Republicans and Democrats on the committee gave opening statements Monday, as did Barrett, who said she believes the court should interpret the U.S. Constitution and laws “as they are written.” She also said that people of all backgrounds deserve “an independent Supreme Court.”

“And I believe I can serve my country by playing that role,” she said.

Barrett will begin answering questions from lawmakers Tuesday.

Graham warned his colleagues of a long, contentious week ahead. Democrats have been sharply criticized the Trump administration's push to have Barrett on the bench ahead of Election Day.

Democrats worry she would vote to rule the Affordable Care Act is unconstitutional in a case coming before the court on Nov. 10.

Before Barrett was a federal judge, she questioned the reasoning behind Chief Justice John Roberts’ majority opinion upholding the 2010 health care law. Her quick confirmation could mean 20 million Americans would lose their health care. California Sen. Dianne Feinstein, the top Democrat on the panel, said Trump is delivering on a promise to appoint judges who will undo the Affordable Care Act passed during the Obama-Biden administration.

Rhode Island Sen. Sheldon Whitehouse called Trump's nomination “a judicial torpedo” aimed at protections provided by the Affordable Care Act at a time when the nation is in the midst of a “relentless” health care crisis that the Trump administration has “botched.” Whitehouse said Barrett “has signaled in the judicial equivalent of all-caps that she believes the ACA must go.″

Democrats are also worried that Trump may challenge the legitimacy of next month's presidential election. Sen. Richard Blumenthal, a Connecticut Democrat, said that if confirmed, Barrett must recuse herself from any cases involving Trump and the outcome of the Nov. 3 election. The failure to do otherwise would d0 “explosive, enduring harm to the court’s legitimacy” and to her credibility, he said.

If confirmed, Barrett, who was confirmed to the 7th U.S. Circuit Court of Appeals in 2017, would cement a 6-3 conservative majority that could reshape the court for decades to come and make it the most conservative it’s been in 70 years.

Barrett, 48, has impressive credentials as a star law professor at Notre Dame. She and her husband, Jesse, are the parents of seven children and she would become the only justice on the bench with school-age children.

The American Bar Association said in a letter to the panel that the majority of its Standing Committee on the Federal Judiciary determined that Barrett is “Well Qualified.” A minority is of the opinion Barrett is “Qualified” to serve.

The group says its evaluation is based on “the qualities of integrity, professional competence, and judicial temperament.”

Barrett addressed a sparsely populated room Monday, with some senators on the Judiciary Committee participating remotely as the Capitol manages a COVID-19 outbreak. Barrett, who tested postive for COVID-19 after a so-called Sept. 26"superspreader" event at the White House Rose Garden to introduce her, wore a mask to the hearing and removed it when speaking.

Sen. Mike Lee released a doctor’s letter saying he no longer needs to be in isolation for COVID-19, allowing him to join the confirmation hearings. He and Sen. Thom Tillis of North Carolina are among those who tested positive for the virus Oct. 2 after attending the Rose Garden event. Tillis is attending the hearings remotely.

Also joining electornically from her Senate office was Sen. Kamala Harris (D-CA), Democratic nominee Joe Biden's running mate in next month's election.

She said holding the hearing at all was "reckless" because those attending were not required to be tested for the coronavirus.

Harris said Republicans are trying to get the Supreme Court to do their “dirty work” by installing a new justice who will overturn the Affordable Care Act. Harris also said voting rights, workers' rights, aboriton rights and the idea of equal justice are at stake if Barrett is confirmed.

The court is “often the last refuge for equal justice,” Harris said, adding that a Barrett nomination puts in jeopardy everything Ginsburg fought to protect.

Harris’ comments largely mirrored her messaging on the campaign trail. She and Biden have made protecting the Affordable Care Act one of the centerpieces of their campaign.

Biden said Monday Senate Democrats hould make affordable health care — not the conservative judge's Catholic faith — the focus of the herings. Biden, also a practicing Catholic, told reporters ahead of a campaign trip to Ohio he doesn’t think “there’s any question about her faith.”

Feinstein still faces criticism for her comments during Barrett’s 2017 confirmation hearing to be a federal judge. Feinstein had joined Republicans on the panel in asking Barrett about her Roman Catholic faith, but then went further by telling Barrett, then a Notre Dame law professor, that “when you read your speeches, the conclusion one draws is that the dogma lives loudly within you.″

Biden says the more important matter is that “this nominee says she wants to get rid of the Affordable Care Act," which would mean "20 million Americans may lose their health care," he said.

Democrats also warned Republicans that the American public is not on their side rushing Trump’s nominee to confirmation while early voting is underway. Democrats say the winner of the presidential election should choose the nominee for the seat made vacant with Ginsburg's death.

The Associated Press contributed reporting.

This article originally appeared on the White House Patch