Judge Amy Coney Barrett faced the US Senate Judiciary Committee on Wednesday for the third day of Supreme Court confirmation hearings.
Senator Lindsey Graham, the Judiciary Committee Chair, began Wednesday’s hearing by praising Barrett for her commitment to a pro-life ideology and for “embracing her faith without apology.” He stated that Barrett’s nomination is a “historic victory for conservative women who have faced steeper obstacles in public life than liberal women.”
Democrats on the committee questioned whether Barrett would vote in the same way as the late Justice Antonin Scalia and urged her to express an opinion on the Affordable Care Act (ACA). Barrett, who had previously stated she shares Scalia’s judicial ideology, replied to the line of questioning, “I assure you I have my own mind.” Notably, the Supreme Court is scheduled to hear a case about the ACA on November 10.
Graham continued to ask Barrett if she could describe the doctrine of severability in the context of the ACA. Barrett explained, “the doctrine generally requires that courts strike down a single provision of a law and retain the balance of it.” This points out a vital issue in the upcoming healthcare case. Republicans argue the ACA is now unconstitutional “after Congress zeroed out the penalty for not obtaining insurance in the so-called individual mandate.”
Democrat Senators focused their questioning on Barrett’s position on issues such as reproductive rights and climate change. Barrett was asked whether Griswold v. Connecticut, the case that guaranteed couples the right to contraception in the privacy of their own homes, was correctly decided. The judge would not answer the question but expressed her belief that it was unlikely to be reversed. When asked by Senator Kamala Harris about the issue of climate change, Barrett responded, “I have read things about climate change—I would not say I have firm views on it.”
Barrett was also asked “whether courts had the power to enforce their rulings if a president disobeyed,” to which she would not give a straightforward answer. Barrett instead replied, “the Supreme Court may have the final word, but it lacks control about what happens after that.” She added, “the Supreme Court cannot control whether or not the president obeys.”
Republican Senators focused on Barrett’s qualifications and background as a Catholic mother of seven. They continued to urge that Barrett’s legal views are unknown and praised her commitment to religion. Senator Ted Cruz pointed out that the liberal Senators’ questions focused on policy and upcoming cases rather than Barrett’s qualifications.
The confirmation hearing continues for a final day on Thursday with witness testimony.
