Supreme Court nominee Barrett sidesteps questions on the peaceful transfer of power, abortion
Amy Coney Barrett adamant White House never asked how she would rule on an Obamacare challenge
President Donald Trump's Supreme Court nominee Amy Coney Barrett said on Tuesday at her U.S. Senate confirmation hearing that she is not hostile to the Obamacare law, as Democrats have suggested, and declined to specify whether she believes landmark rulings legalizing abortion and same-sex marriage were properly decided.
During 11 hours of questioning on the second day of her Senate judiciary committee confirmation hearing, Barrett opted not to say whether she would step aside from taking part in a major Obamacare case to be argued on Nov. 10 or in any disputes arising from the Nov. 3 election — as Democrats have requested.
Late in the day, Barrett said she didn't recall ever hearing or reading Trump's statements that he planned to nominate Supreme Court justices who would repeal the Affordable Care Act, otherwise known as Obamacare.
Her comments came in response to questions from Sen. Kamala Harris of California, the Democratic nominee for vice-president.
Asked if she was aware of Trump's comments before her nomination, Barrett said she could not give a yes or no answer.
"I don't recall hearing about or seeing such statements," she said.
She later said Democratic senators may have referenced Trump's comments during conversations after her nomination but prior to her confirmation hearings.
'Gross violation of judicial independence'
Trump put forth Barrett's name as a nominee after the death of liberal Justice Ruth Bader Ginsburg. He has asked the Senate to confirm Barrett before the Nov. 3 election in which he is seeking a second term in office.
The Republican president has said he expects the Supreme Court to decide the election's outcome as he faces Democratic challenger Joe Biden. Barrett said no one at the White House sought a commitment from her on how she would rule on that or any issue.
"It would be a gross violation of judicial independence for me to make any such commitment or for me to be asked about that case," Barrett told the committee of possible election cases.
WATCH | Barrett on whether she would consider recusing herself from election-related cases:
Barrett declined to say whether she would consider stepping aside, as Democrats have requested, from an Obamacare case due to be argued at the court a week after Election Day, in which Trump and Republican-led states are seeking to invalidate Obamacare, the law formally called the Affordable Care Act (ACA).
Barrett noted that the new case centres on a different legal issue than two previous Supreme Court rulings that upheld Obamacare, which she had criticized.
Barrett declined to say how she would approach the new case, but said, "I am not hostile to the ACA."
"I am not here on a mission to destroy the Affordable Care Act," she said. "I'm just here to apply the law and adhere to the rule of law."
Barrett also said the White House did not seek her assurance that she would vote to strike down the law.
"Absolutely not. I was never asked — and if I had, that would have been a short conversation," Barrett said.
WATCH l Barrett is asked about White House pressure:
Another question Barrett declined to answer directly was about whether all American presidents should commit to a peaceful transition of power in the event of a loss in a general election.
Trump has refused to say he will do so, saying: "We're going to have to see what happens."
Barrett told Sen. Cory Booker that "to the extent that this is a political controversy right now... I want to stay out of it."
WATCH | Barrett's exchange with Sen. Cory Booker about commitment to peaceful transition of power:
While Democrats were persistent in their questioning, the hearing retained a respectful tone and Barrett remained even-tempered while nimbly sidestepping questions about her views on abortion, LGBT rights, gun control and voting rights.
Republicans have a 53-47 Senate majority, leaving Democrats with little to no chance of blocking Barrett's confirmation.
Barrett, 48, would tilt the Supreme Court further to the right and give conservative justices a 6-3 majority, making even the unexpected victories on which liberals have prevailed in recent years, including abortion and gay rights, rarer still.
'Distressing' answer on abortion rights: Feinstein
Abortion rights advocates fear Barrett would vote to overturn the 1973 Roe v. Wade ruling that legalized abortion nationwide. Asked about the ruling, Barrett said she would consider the usual factors on whether to overturn a precedent.
"Judges can't just wake up one day and say, 'I have an agenda, I like guns, I hate guns, I like abortion, I hate abortion,' and walk in like a royal queen and impose, you know, their will on the world," Barrett said.
But Barrett indicated Roe v. Wade was not a "super-precedent" that could never potentially be overturned.
"I'm answering a lot of questions about Roe, which I think indicates Roe does not fall in that category," she said. "Scholars across the spectrum say that doesn't mean that Roe should be overruled, but descriptively it does mean it is not a case that everyone has accepted."
Sen. Dianne Feinstein, the panel's top Democrat, asked Barrett whether she believed Roe v. Wade, which recognized a woman's constitutional right to terminate a pregnancy, was properly decided. She declined to answer.
WATCH l Democratic Sen. Dianne Feinstein presses nominee on Roe v. Wade:
Feinstein told Barrett it was "distressing not to get a straight answer."
Religious conservatives are hoping the Supreme Court will overturn Roe v. Wade.
Republican Sen. Lindsey Graham, the committee's chairman, opened the questioning by asking her about her conservative legal philosophy known as originalism, in which laws and the constitution are interpreted based on the meaning they had at the time they were enacted.
"That meaning doesn't change over time and it's not for me to update it or infuse my own policy views into it," Barrett said.
Graham asked Barrett, a devout Catholic and a favourite of religious conservatives, whether she could set aside her religious beliefs in making decisions as a justice.
"I can," Barrett said.
WATCH | Sen. John Kennedy tells Barrett some Democrats believe she is lying about being able to set aside her religious beliefs:
'No agenda' on gay rights: Barrett
Barrett called the late conservative Justice Antonin Scalia — for whom she served as a clerk two decades ago — her mentor, but said she would not always rule the same way as him.
Questioned by Feinstein, Barrett declined to say whether she agreed with Scalia that the 2015 Supreme Court ruling called Obergefell v. Hodges legalizing gay marriage nationwide was wrongly decided.
"I have no agenda and I do want to be clear that I have never discriminated on the basis of sexual preference and I would not discriminate on the basis of sexual preference," Barrett said.
Demonstrators for and against Barrett's nomination gather in D.C.:
And then the two protests met outside of the Supreme Court <a href="https://t.co/wdUYslMbwl">pic.twitter.com/wdUYslMbwl</a>
—@EMauroCBCBarrett declined to answer when Feinstein asked her whether the U.S. Constitution gives the president the authority to unilaterally delay a general election under any circumstances. Barrett said if such a question came before her as a judge she would have to hear arguments and read legal briefs before deciding.
"If I give off-the-cuff answers then I would be basically a legal pundit. And I don't think we want judges to be legal pundits. We want judges to approach cases thoughtfully and with an open mind," Barrett said.
Asked about George Floyd, a Black man killed by police in Minneapolis in May in an incident that triggered widespread protests, Barrett said the issue was "very, very personal for my family" as two of her children — born in Haiti and adopted — are Black. Barrett said she and one of her daughters, Vivian, cried together after seeing the video.
"It's a difficult one for us like it is for Americans all over the country," Barrett said.
WATCH | Barrett shares the impact the George Floyd video had on her family:
Trump's nomination of Barrett came late in an election cycle when Republican control of both the White House and Senate is at stake.
The confirmation hearing format has changed because of the COVID-19 pandemic, with the public excluded and some senators participating remotely.
A full Senate vote is expected by the end of October on Barrett's confirmation to a lifetime job on the court.
With files from CBC News