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Graham Praises Civility in ‘Unbelievable’ Year: Hearing Update

Graham Celebrates Barrett for Opposing Abortion: Hearing Update

Members of the Senate Judiciary Committee questioned Judge Amy Coney Barrett on Wednesday as she advances toward likely confirmation as the third justice President Donald Trump has successfully nominated to the Supreme Court.

Chairman Lindsey Graham said he expects all Republicans on the committee to support Barrett’s confirmation and all Democrats to vote against a nomination that they say should be left to whomever wins the presidential election in less than three weeks.

Wednesday’s hearing was the third of four days that the panel has scheduled to consider the Barrett nomination.

Graham Praises Civility in ‘Unbelievable’ Year (6:11 p.m.)

Graham concluded the third day of Barrett’s confirmation hearing by praising his Democratic colleagues for allowing the proceedings to continue in a civilized way.

He said that he had lost sleep over the hearing because he “did not know how it would go,” and he called 2020 “the year that is unbelievable in every fashion.”

Democratic members of the committee all but conceded that there is nothing they can do to stop Barrett’s nomination from advancing to the floor of the Senate and being approved by the Republican majority. Some, including Senator Sheldon Whitehouse of Rhode Island, referred to scenarios that could arise “when” Barrett is on the court rather than “if” she makes it to the court.

The committee now goes into a closed session to review Barrett’s background check. They will hear Thursday from a panel of legal experts before voting next week to send her confirmation to the full Senate.

Harris Pushes Barrett on Facts of Climate Change (5:12 p.m.)

California senator and Democratic vice presidential nominee Kamala Harris asked Barrett if she believes in climate change as a matter of fact and if she would defer to scientists in relevant judicial decisions.

Barrett said yes, she would defer to agency experts when required by law under the Administrative Procedure Act of 1946.

Harris then asked a series of yes or no questions before asking Barrett if she believed “climate change is happening.” Barrett pushed back on Harris’s attempt to pin down her response regarding climate change as a fact.

“You have asked me a series of questions that are uncontroversial, like whether Covid-19 is infectious and whether smoking causes cancer,” Barrett said. “And then trying to analogize that to elicit an opinion from me that is on a very contentious matter of public debate. And I will not do that.”

Republican Senator John Kennedy then asked Barrett if she likes children, prosperity and puppies. Barrett confirmed that she did, adding that she also likes chinchillas like her family’s pet.

Booker Urges Barrett Examine Racism (4:34 p.m.)

Senator Cory Booker of New Jersey urged Barrett to look more closely at how racist systems deprive people of their rights as citizens. He cited long lines to vote in majority Black precincts, felons being barred from casting election ballots and police targeting minorities.

“The system is endangering lives,” Booker said, referencing demonstrations across the country this summer following high profile cases of Black Americans being killed by police. He urged Barrett to familiarize herself with the intersection of race and the law.

During Tuesday’s hearing, Booker, a Democrat, asked Barrett if she condemned White supremacy, which she said she did.

”I am fully committed to equal justice under the law for all persons,” Barrett said Wednesday after Senator Mike Crapo gave her an opportunity to respond to Booker.

Barrett’s family includes two adopted children from Haiti.

Barrett Pressed on Same-Sex Marriage (3:02 p.m.)

Senator Richard Blumenthal, a Democrat from Connecticut, asked Barrett about a series of cases and whether they represented “super-precedents” -- legal precedents that are unlikely to be challenged.

Graham Praises Civility in ‘Unbelievable’ Year: Hearing Update

Barrett said that cases striking down racial segregation and bans on interracial marriage were “super-precedents.” But when Blumenthal came to the case that overturned bans on gay marriage, Barrett declined to say whether that was correctly decided.

“You’re pushing me to try to violate the judicial canons of ethics and offer advisory opinions, and I won’t do that,” Barrett told Blumenthal, noting that she had publicly commented on the Brown v. Board of Education case on racial segregation and cases that relied on it, which is why she could comment on them.

“I think a lot of Americans will be scared,” Blumenthal said about that fact that she declined to answer the same question about the cases that paved the way to legalize same-sex marriage.

Barrett Says She Has No ‘Animus’ to ACA (12:52 p.m.)

Senator Amy Klobuchar, a Democrat from Minnesota, challenged Barrett on whether she was aware of Trump’s opposition to the Affordable Care Act when he nominated her for her current position as a judge on the 7th Circuit Court of Appeals.

Graham Praises Civility in ‘Unbelievable’ Year: Hearing Update

Displaying one of the president’s tweets about the ACA, Klobuchar told Barrett, “I find it hard to understand that you were not aware of the president’s statements,” referencing a 2017 law review article Barrett wrote, published in January of that year.

“To the extent that you’re suggesting this was an open letter to President Trump, it was not,” Barrett said of the article, adding that she has no personal “animus” or opposition to the health care law.

Cruz Calls Court Packing an ‘Abuse of Power’ (12:15 p.m.)

Senator Ted Cruz said expanding the number of justices on the Supreme Court would be an “abuse of power,” adding that he expects Democrats to try the move if they take control the Senate and the White House.

“I believe, should they win in November, that our Democratic colleagues will pack the court,” Cruz said. The Texas Republican referenced a 2019 NPR interview with the late Justice Ruth Bader Ginsburg in which she said that nine members was a good number for the court.

Graham Praises Civility in ‘Unbelievable’ Year: Hearing Update

Biden this week said he’s “not a fan of court packing,” after previously avoiding the question. His answer left room for Republicans to continue raising this as a possibility, which could turn off conservative voters who are considering a vote for Biden.

Increasing the number of Supreme Court justices would water down the conservative majority that Barrett’s confirmation would achieve.

The Judiciary Committee hearing recessed for lunch.

Barrett Demurs on Presidential Self-Pardon (10:47 a.m.)

Barrett said that “no one is above the law,” in response to a line of questioning from Democratic Senator Patrick Leahy about whether a president could pardon himself.

“That question may or may not arise but it’s one that calls for legal analysis for what the scope of the pardon power is,” Barrett said, adding she couldn’t express an opinion on it because the issue may come before the court.

Barrett said the Supreme Court can rule on a law, but it doesn’t have the power to enforce it, even when applied to the president.

“The Supreme Court can’t control whether or not the president obeys,” Barrett said, citing an example of Abraham Lincoln disobeying a circuit court order during the Civil War. “So a court can pronounce the law and issue a judgment, but it lacks control over how the political branches respond to it.”

Democrats Focus on Voting Rights, Health Care (10:03 a.m.)

Barrett largely parried questions from the Judiciary Committee’s top Democrat Dianne Feinstein on voting rights, health care and other issues by saying she could not opine on the kinds of cases that might come before the Supreme Court.

“Again, it’s one of those things that I can’t answer both because it would be requiring me to grade or express agreement or disagreement with a Supreme Court opinion, but also it’s the kind of case that could come up in a closely related form,” Barrett told Feinstein in response to a question about Medicare.

Barrett repeatedly declined to weigh in on questions about specific cases or statements by other Supreme Court justices.

Republican Senator Chuck Grassley criticized Democrats for suggesting that Barrett’s confirmation would result in the loss of health care for millions of Americans -- a reference to the case regarding the Affordable Care Act that will be before the Supreme Court next month.

Graham Celebrates Barrett for Opposing Abortion (9:15 a.m.)

Graham opened Wednesday’s session by saying that Republicans are sending a nominee to the Supreme Court who has publicly opposed abortion.

“It’s pretty clear to everybody watching these hearings that you and your family are pro-life,” Graham said. “This is the first time in American history we’ve nominated a woman who is unashamedly pro-life and embraces her faith without apology. And she’s going to the court.”

Barrett spent a considerable amount of time during Tuesday’s hearing defending her judicial independence and ability to separate her faith from her duties.

“This hearing to me is an opportunity to not punch through a glass ceiling, but a reinforced concrete barrier around conservative women,” Graham said. “You’re going to shatter that barrier.”

Key Developments:

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