Following Amy Coney Barrett’s opening assertion yesterday, the committee adjourned till in the present day for a spherical of questioning anticipated to start at 9:00 a.m. ET.
Barrett will probably be grilled by Senate Judiciary Committee members over the course of in the present day and Wednesday. Senators have the choice of showing and questioning the witness in individual or remotely.
Listed here are some subjects that may seemingly take middle stage:
Voting rights: Earlier than even reaching substantive constitutional questions, Democrats are anticipated to ask Barrett whether or not she’s going to recuse herself from any election-related litigation that reaches the excessive court docket. Though it is a lengthy shot, it’s all the time potential the Supreme Courtroom will as soon as once more be referred to as upon to determine the election.
“I believe this may find yourself on the Supreme Courtroom,” Trump mentioned at a latest White Home occasion. “And I believe it is essential that now we have 9 justices.”
Barrett is more likely to keep away from the query, but when she is confirmed will probably be her personal selection whether or not to recuse.
The Reasonably priced Care Act: Democrats throughout Monday’s listening to turned the give attention to the Reasonably priced Care Act. Per week after Election Day, the Supreme Courtroom will hear an important case of the time period and determine whether or not to invalidate all the legislation. The choice may strip tens of millions of their well being care throughout a pandemic. Critics of Barrett will level to a few of her earlier writings, earlier than she took the bench, the place she expressed skepticism concerning the reasoning Chief Justice John Roberts used again in 2012 to uphold the legislation underneath the taxing energy.
Roe v. Wade: Democrats will even seize on positions Barrett took earlier than she was a decide, on Roe v. Wade — the 1973 landmark determination legalizing abortion. Not like different latest nominees, there’s a important paper path detailing Barrett’s views on abortion, and Roe, as a legislation professor on the College of Notre Dame.
She signed a petition, for instance, with different school, for a paid commercial reaffirming the varsity’s dedication “to the best to life” and criticizing Roe. “Within the 40 years because the notorious Roe v. Wade determination over 55 million unborn youngsters have been killed by abortions,” the advert reads.
The Second Modification: Final time period, 4 conservative justices urged the court docket to take up a Second Modification case, but by the top of the time period they’d declined to take action. That implies there wasn’t the required 5 votes. Now, if Barrett is nominated, she may very well be that vote.
In a single determination, Kanter v. Barr, she dissented when her colleagues upheld a legislation barring convicted felons from possessing a firearm. The language she used within the opinion tracked carefully with language utilized by conservative Justice Clarence Thomas. Like Thomas, Barrett steered that decrease courts are thumbing their nostril at Supreme Courtroom precedent to uphold gun restrictions treating the Second Modification like a “second class proper.”
Within the upcoming hearings Sen. Richard Blumenthal, a Democrat, has vowed to make her views “entrance and middle” to indicate how “Choose Barrett’s extremist, hard-right views of the Second Modification will do actual hurt to actual lives in actual methods.”
Identical-sex marriage: Barrett doesn’t have a sturdy document on same-sex marriage, however in a 2016 speech at Jacksonville College made whereas she was nonetheless a legislation professor, she laid out either side of the controversy.
She framed it as a “who decides” query. That’s similar to how Roberts framed the problem when he dissented within the landmark 2015 case Obergefell v. Hodges, which cleared the best way for same-sex marriage nationwide. He mentioned the problem would have been higher dealt with by the political branches. Talking broadly, Barrett was requested about the way forward for the court docket within the speech and she or he appeared to align herself with Roberts’ pondering.
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Watch Amy Coney Barrett’s opening assertion at affirmation listening to: