Day 3: Amy Coney Barrett’s confirmation hearing

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Ted Cruz is spending his entire 30 minutes campaign Stumping. He has not asked Amy one single question yet.

Did not ask one single question.
 
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Seems like the whole Senate confirmation landscape has changed since the elimination of the filibuster. Just an observation.
 
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Perhaps if the Dems questions to her didn’t make this all about Trump it wouldn’t be that way.Clearly they are trending on thin ice after the Brett Kavanaugh hearings,even though a few nasty Dem senators have manage to take it low with their questions.Regardless ACB is clearly the smartes one in the room.The shallow nature of the Dems questions make this abundantly clear.
 
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Senators on the Judiciary Committee have a second day to ask Supreme Court nominee Amy Coney Barrett questions today. Yesterday, on the first day of questioning, the committee grilled her during an 11-hour hearing.

Each senator gets 20 minutes to question the judge today. Here are some of the highlights so far:
  • On the Affordable Care Act: After facing a barrage of questions over the past two days from Democrats about her past writings and comment taking issue with rulings upholding the Affordable Care Act, Barrett was asked today: “Did you ever write or speak out against the ACA?” Barrett said her past criticism of ACA rulings was when “I was speaking as an academic.” Asked if she’s ever spoken in favor of the ACA, she said, “No, I’ve never had a chance to weigh in on the policy question.”
  • On cameras in the court: Barrett was asked how she feels about allowing cameras into the Supreme Court, which historically has not allowed recordings but is currently allowing a live feed of audio as justices work remotely during the pandemic. Barrett agreed to “keep an open mind” about the possibility.
  • On presidential pardons: Barrett said that “no one is above the law,” but would not say one way or another if a president has the right to pardon him or herself. On pardons, she said, “that question has never been litigated” and said she couldn’t answer “because it would be opining on an open question when I haven’t gone through the judicial process to decide it, it’s not one in which I can offer a view.”
  • On voting: Sen. Amy Klobuchar pressed Barrett on another legal controversy ahead of the election, asking the judge whether mail-in voting was essential for millions of Americans in the middle of the coronavirus pandemic. Barrett did not engage, saying she did not recall if she had previously voted by mail. “That’s a matter of policy on which I can’t express a view,” Barrett said.
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Being ex-military, I have voted by mail during the 80s and 90s. Nothing new under the sun.
 
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As they did yesterday, Democrats are continuing to push Judge Amy Coney Barrett on a 1965 case called Griswold v. Connecticut establishing that married couples have a right to obtain and use contraception in the privacy of their own home.

Griswold comes up in most every confirmation hearing because of its legal underpinnings concerning the “right to privacy” surfaced again in Roe v. Wade in 1973.

The Democrats, including Sen. Chris Coons and Sen. Richard Blumenthal, among others, suggest that Barrett should easily be able to say that Griswold was correctly decided.

But she is not doing so, likely because she fears the next question is whether Roe v. Wade was correctly decided.

Barrett told Coons that she thinks Griswold is “very, very, very, very, very, very, very, very, unlikely” to be overturned.

Coons pointed out that he thought Chief Justice John Roberts, Samuel Alito, Brett Kavanaugh and Elena Kagan went further than Barrett.

Barrett said she thinks the question is “entirely academic” and that the “only reason” that It’s even worth asking “is to lay a predicate for whether Roe was right decided” and she does not want to telegraph her thoughts on that.
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