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***Live Updates*** Amy Coney Barrett Confirmation Hearings Continue

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Judge Amy Coney Barrett’s Senate confirmation hearings continue on Tuesday. Senators will have two days of questioning.

Stay tuned to Breitbart News for live updates.

All times Eastern.

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3:56 PM: Hearing resumes with Blumenthal now questioning Barrett. He says he has been disappointed in Barrett’s responses when asked about potentially recusing herself if a 2020 case came before her. He says not recusing herself, even if she did nothing wrong, would do enduring damage to the Court because of what Donald Trump and his Republican colleagues have done. He says Trump’s statements have brought into question her integrity even if she has done nothing wrong. He says if the election is decided by the courts, it would be a dagger to the heart of America’s democracy and Americans would lose faith in the courts.

Blumenthal questioning on health care and abortion. He wants to know whether making IVF a crime would be constitutional after grilling her about an ad (she signed after mass. Barrett says she is not responsible for positions that a right to life organization holds and says again her she expressed her views as a private citizen then but can’t now as a judge.

3:16 PM: Hawley allows Barrett to say that she will not automatically do whatever Scalia did, saying that is “demeaning.” Barrett says she disagreed with Scalia even when she clerked for him, saying just because they had the same approach did not mean they came to the same conclusions.

Hawley asks Barrett what experiences she brings because of her experience as a parent in a multi-racial family. She talks about how it has shaped her as a person. She says it gives her empathy for different people and aware of how she interacts with people from different backgrounds. She says while her life experiences have given her wisdom and compassion, they don’t dictate how she decides cases because sometimes she has to decide cases in a way that she won’t like the result because she has to follow the law.

2:42 PM: Coons starts his questioning with a calendar behind him with November 3 and 10 circled. Coons accuses Republicans of trying to repeal Obamacare through the courts after they failed to do it legislatively and administratively. He accuses Barrett of “chastising” Roberts after his Obamacare vote for not being a textualist, and Barrett reiterates that the case that is coming up before the Supreme Court deals with a different issue (severability) and she has no hostility to Obamacare. Barrett says that as an academic she expressed a critique but she is uncertain what it indicates because she would approach a case that could come up with a different issue with no hostility.

Coons says the argument about whether the mandate is a tax is the “gateway” to get rid of Obamacare.

He also says Trump is trying to rush this nomination ahead so Barrett could cast a vote in his favor in case there is a disputed election while casting doubt on the election. Coons asks whether Barrett will recuse herself from any case involving the 2020 election results.

Barrett says she has not written anything that anyone could reasonably say this is how she would resolve an election issue. She says she is not a pawn that will be used to decide an election. She says she will consider all questions re: appearance of bias if a potential 2020 case comes up if she is confirmed and if an election case comes before the Court.

2:25 PM: After Sasse and Barrett discuss originalism (Barrett says there are different types of originalists, even progressive ones, and they don’t all agree), Sasse says he wants a judge who doesn’t want to take away the job of the legislator who is accountable to the people.

After asking Barrett civics questions about the Supreme Court (like about standing), he asks her to talk about the Scalia-Ginsburg friendship. She mentions that they could fight with the pen but had respect and affection for one another outside of the court.

1:46 PM: Klobuchar now up and she says the Senate should be passing COVID relief legislation. She says, unlike Barrett, she wouldn’t mind being a benevolent queen. She says this hearing is not normal and it is a “sham” and a “rush to put in a justice.” Klobuchar asks if she will overturn Obamacare after holding up a poster board of Trump’s tweet in which he said his judges would do the right thing on Obamacare unlike Roberts.

Barrett says she can’t speak to what Trump has said on Twitter and he hasn’t said any of that stuff to her. She says she is 100 percent committed to judicial independence.

Klobuchar says she is just following the tracks and says she is worried Barrett would be the “polar opposite of Justice Ginsburg.” She says while Ginsburg and Scalia were great friends, Ginsburg never embraced his ideology. She now turns to voting rights and asks if it is consistent with democratic principles to fulfill a Supreme Court seat this close to the election. Barrett says that’s a question for the political branches.

Klobuchar asks Barrett about voting rights cases and if Ginsburg was right when she getting rid of the Section Five pre-clearance provision was like getting rid of an umbrella because it is not raining, and Barrett says she won’t comment on Shelby because she didn’t write the dissent.

After saying she wants to be a benevolent queen, Klobuchar reveals she thought she would be sitting in Barrett’s chair one day.

1:15 PM: Cruz now up and congratulates Barrett for being nominated and enduring the confirmation process. He gives Barrett an opportunity to talk about the importance of religious liberty and the first and second amendments and the rest of the Bill of Rights before talking about the dark money influences on the left, calling out groups like Arabella Advisors.

Cruz says Senate Democrats are not defending their “radical agenda” when it comes to the Bill of Rights and wanting to erase the Second Amendment from the Bill of Rights.

Speaking about religious liberty, Cruz says it is “fundamentally about diversity” and “respecting diversity.”

Cruz asks Barrett if she speaks foreign language. Barrett says a bit of French.

He asks if she plays musical instruments. Barrett says the piano.

When asked about how they handled virtual learning, Barrett says her family found it “challenging.”

Cruz asking Barrett about adopting two children from Haiti, and she says they have enriched their family immeasurably.

12:45 PM: Hearing resumes, and Whitehouse begins his questioning. He calls out Republicans on the committee for their past remarks about not confirming Supreme Court nominees during an election year and says the GOP platform called for reversing Roe, Obergefell, and Obamacare.

Whitehouse hitting funders on the right for an “orchestrated amicus chorus” with a lot of charts. He says they eventually tell the judges what to do with “orchestrated amicus flotillas.” He is railing against the “dark money” operation on the right and asks what they are getting for the millions of dollars.

Whitehouse just continuing to rail against dark money and not asking Barrett any questions. His allotted time is almost up. He says something is not right around the Court and “dark money has a lot to do with it.” He thanks Barrett for listening to her and says they will have an interesting conversation tomorrow.

12:05 PM: Committee in recess until 12:45.

11:55 AM: Lee asks Barrett if the Constitution says anything about the size of the Supreme Court. Barrett says it does not. Lee asks if more justices on the Supreme Court could impact how the three branches of government interact. Lee says nothing in the Constitution requires nine justices but there are good reasons re: separation of powers to keep it at nine.

Barrett says it could possibly have an impact.

Lee mentioning that Biden passionately was against court packing while he was in the Senate. Lee says court packing can cause “great danger” because it would be a “one-way ratchet.” Lee says if Democrats pack the court, then the next time Republicans have control of both houses of Congress and the White House, they would increase it. He says this would delegitimize the court and you can’t delegitimize the court without eroding some of our most valued liberties and threatening things like religious freedom and free speech.

11:35 AM: Sen. Lee wants to remind Senate Democrats that it is “wildly incorrect” to suggest Barrett is uttering political talking points when declining to comment on cases that could possibly come before her. Lee says on no planet is it appropriate for someone to suggest it is a “political talking point.”

Lee asks Barrett why someone’s healthcare is not or is tied to her nomination.

Barrett says it is not tied because she has had no conversation with anyone in the White House about that case. She says any policy preferences she has does not matter and is irrelevant because it is the job of policymakers.

Lee says he wholeheartedly agreed with Barrett’s criticisms of Roberts and says that has absolutely nothing to do with severability and the Obamacare case coming up before the Supreme Court (California v. Texas).

11:11 AM: Durbin asks Barrett if she has seen the George Floyd video and what impact that had on her.

She says it was very personal to her family because she has two black children. She says they wept together and her children so far have had the benefit of growing up on in her cocoon where they haven’t experienced discrimination.

Durbin wants to ask her as an originalist to reflect on whether there is implicit biases and systemic racism. She says racism persists in America but giving broader statements on the issue is beyond the capability of a judge.

He now asks about Kanter v. Barr. She says Heller was not about the scope of the right, and she applied Heller‘s originalist methodology to conclude one could not take away Second Amendment rights from non-violent felons. She says the government had to make a claim of “dangerousness” to deny Kanter of his gun rights.

Durbin says he doesn’t get why Barrett believes a felony should disqualify a felon from voting rights (civic) but a felon can retain gun rights (individual). Barrett says this is consistent with historical language and Durbin says this is “hard to swallow.”

11:05 AM: Durbin wonders where Democrats could get the idea that Barrett would violate her oath. He says it came from Trump’s words and tweets. Durbin says the idea that Barrett would be used for political purposes doesn’t come from Democrats. “Read the tweets,” he says. Durbin now focusing on Obamacare and pre-existing conditions.

Barrett says she is not hostile to Obamacare and wants to talk about the distinction between academic writing and judicial decision-making re: Burwell. She says she follows the law and applies the law and Senators make the policy.

10:52 AM: Cornyn says it’s impressive that Barrett is testifying without notes. He says it is understanding that the main objection to Barrett’s nomination from the left is that she will violate her oath of office to be unbiased, especially in case she hasn’t even decided yet. Cornyn speaking extensively about judicial independence.

Barrett says newspapers do courts a disservice when they say courts favor same-sex marriage without explaining the process. Barrett emphasizing that she does not have the power like a queen to impose policy preference, she has to go by what legislators have decided.

Cornyn asks Barrett about the establishment clause, and Barrett says she fell down a rabbit hole in her interview with Scalia about the balancing the establishment clause versus the free exercise clause.

10:40 AM: Left not happy with Democrats on the Committee. They want them to use their time to say this is illegitimate. Some are even criticizing Democrats for saying nice things about Barrett’s family because that is legitimizing the process.

10:21 AM: Leahy thanks Barrett for introducing her family and says family is the most important thing in his life.

Leahy says Vermonters have been concerned about the Obamacare lawsuit coming up before the Supreme Court would mean for them. He asks Barrett if she knows how many Americans have gotten insurance under Obamacare and Barrett says she does not. He asks Barrett if she knows how many people are covered under the Medicare extension and how many people have gotten to keep insurance under their parents’ plans. She says she does not. Leahy asks Barrett if she knows how many Americans have been tested positive for the Coronavirus. She does not, and Leahy says 7 million Americans have been tested positive and now have a pre-existing conditions. Leahy says Republicans have had the most zeal trying to overturn Obamacare and he asks Barrett how many Republicans have joined amicus briefs urging the courts to overturn Obamacare. Barrett says she is having a bit of trouble hearing Leahy. Barrett says she does not and Leahy says “it is at least nine.” Ten minutes into his allotted time, Leahy keeps ripping Republicans over Obamacare and says doesn’t think being in the Senate in person right now is safe. Leahy says he is concerned that Barrett has given every indication that she will overturn Obamacare when she has weighed in and “it isn’t even close.” Leahy, quoting Trump, says Trump has made it clear he expects Barrett to side with him on Obamacare and in any election disputes.

Barrett reiterates that she has not spoken to Trump about Obamacare or election disputes.

Leahy says Trump has not been subtle about what he expects from his nominee.

Leahy asks Barrett whether

10:20 AM: Grassley asks Barrett if she has made any promises or guarantees to anyone about potential cases that could come before her. She says she wants to be very clear and her answer is “no.” She emphasizes that nobody on the “executive side” talked to her about any cases/commitments. She says just like she didn’t make any pre-committments to the Executive, she can’t make any commitments to the Senate.

Grassley asks if she has committed to Trump if she would repeal Obamacare. Barrett answers: “Absolutely not.”

Grassley reserves the rest of his time.

10:01AM: Grassley now begins his questioning talking about Barrett’s great understanding of the Constitution, great intellect, and mentoring of people in the legal profession. Grassley says Democrats yesterday accused Barrett of wanting to strip Americans of their healthcare rights and said Republicans want to only confirm Barrett so she can carry their policies forward.

Grassley says this only showed that Democrats fundamentally misunderstand what judges are supposed to do. Grassley says Republicans want judges who won’t impose their personal preferences in decision making.

Grassley asks Barrett about legislative history. She says what governs is the text of the statute and the legislative history should not supersede and substitute for the text of the statute. She says as a general rule she doesn’t look to legislative history but adds that there could be instances in which it would be appropriate to consult legislative history.

Grassley again and predictably says he thinks legislative history can be useful.

9:55 AM: Feinstein now on to “LGBT equality,” which she says is very personal to her. Feinstein asks if she agrees with Scalia on gay marriage. She says the Court will be getting Justice Barrett and not Justice Scalia and quotes the Ginsburg rule: “No hints, no previews, no forecasts.” Barrett says she can’t agree with or disavow Scalia’s position on any point of law.  Barrett says she has no agenda and she has not and will not discriminate on the basis of sexual orientation. She says it is abhorrent like racism.

Left had their concerns about Feinstein, and some are not happy with the senior California Senator’s performance so far.

9:38 AM: Feinstein now on to gun control. She says there has been an increase in gun sales during the COVID crisis and talks about “troubling” gun sales numbers in march. She does not mention the mass riots and looters.

She asks if state and local governments have a compelling interests in curbing gun sales during a pandemic. Barrett says it would be subject to the same judicial process and says Heller leaves room for gun regulation. She says she is constrained about commenting on the limits.

Feinstein now on to health care, and she shares a story from Sen. Tammy Baldwin (D-WI) about one of her constituents who was paralyzed from the waist down in an accident. His insurance company told him he was nearing his lifetime maximum until Obamacare provisions kicked in and there were no longer lifetime maximums. Feinstein asks Barrett how the potential loss of lifetime maximums should factor into the Obamacare case. Barrett tells Feinstein the case coming before the Supreme Court does not concern lifetime maximums. She says the policy decisions should be left up to legislators.

Feinstein says it is her understanding that Barrett was critical of Chief Justice Roberts for upholding Obamacare and asks in what ways did Roberts go beyond Obamacare’s meaning. Feinstein says there is “great concern” about her views on the cases coming up. Barrett again says the issues in the case coming up is a “different issue” (severability). She says the case that is coming up before the Supreme Court is different than Burwell (“established by the state”). Barrett says the canons of judicial conduct would prohibit her from expressing her views on the Obamacare case coming up before the Supreme Court. Barrett also points out that she hasn’t written anything about severability.

On voter fraud, Barrett asks if the Constitution gives the president the authority to delay a federal election. She doesn’t want to give off-the-cuff answers like a legal pundit because she would have to approach such a hypothetical case with an open mind after reading briefs and hearing arguments.

9:32 AM: After asking Barrett to introduce her family, Feinstein starts her questioning about abortion. She talks about seeing people go to Mexico in college to have abortions in the 1950s when abortion was illegal.

When asked if she agrees with Scalia’s belief that Roe was wrongly decided, Barrett says on that question, she is going to invoke Kagan’s description about not giving precedent a thumbs up or thumbs down. She says it would signal to litigants that she tilts one way or another if she answers that question.

Feinstein says it’s “distressing not to get a straight answer.”

Feinstein asks the question again, and Barrett says she completely understands why she is asking the question. When asked if she agrees with Scalia that the Court should overturn Roe, Barrett says her answer is the same. She says she can’t pre-commit to approaching a case a particular way.

Barrett says she will obey all the rules of stare decisis after saying the contentious cases like Casey are still up for debate.

9:15 AM: On abortion, Graham, in a tough re-election campaign, talks about his fetal heartbeat bill and seems just as concerned about his reelection than questioning Barrett. Graham allowing Barrett to describe how various cases would eventually end up in the Supreme Court. Barrett says it’s not just a vote and the judicial process is different.

Barrett says she owns a gun when asked. She says she can fairly decide a case even though she owns a gun.

Barrett says she can set aside her Catholic beliefs to fairly decide cases when asked by Graham.

Graham now asks the same process question about Citizens United and Obergefell (same-sex marriage) like he did with Heller. 

Graham now asks Barrett about substantive due process. She explains that there are some rights not expressed in the Constitution that people possess that states can’t take away without really good reasons. She mentions birth control and abortion and says there is a debate about how to define these rights and how far they should go.

Barrett now explaining stare decisis and precedent and reliance interests.

Graham asks Barrett about recusal regarding Obamacare and asks her if there is precedent on the issue. Barrett says there is not an issue of precedent in the case coming up before the Court because it is about severability.

Barrett says she has tried to be on a “media blackout” for the sake of her mental health but that is impossible and she is aware of a lot of caricatures that are going around about her faith and multi-racial family.

9:02 AM: Graham says he will try to demonstrate the difference between politics and judging when it comes to Obamacare. He says Obamacare has been a “disaster” for South Carolina. He says he wants “South Carolina Care” in his state. Graham says to Democrats Obamacare is a “placeholder for single-payer health care.” He has spent the the first five minutes of his allotted time railing against Obamacare.

Barrett explains that she is an originalist and when asked if she is a “female Scalia,” Barrett says he was a mentor and his philosophy is hers. She says she is is an originalist and also a textualist when it comes to statutes.

She says if she is confirmed, though, you would be getting Justice Barrett and not Justice Scalia. She says originalist and textualists sometimes disagree, citing the times Justices Thomas and Scalia have disagreed.

U.S. Senate Judiciary Committee

Graham says Barrett is one of the greatest picks Trump has made. Questioning now turns to Brown vs. Board of Education and super-precedents.

She says there would need to be segregation again for Brown to be overturned. Barrett says she does not see that happening any time soon.

Barrett says judges have to wait for cases and controversies and can’t walk in like a queen and be for gun control or against abortion.

Senate Judiciary Committee

9:01 AM: Graham gavels in the second day of hearings. He hopes to get through the first round of 30-minutes of questioning today.

8:50 AM: Expect Senate Judiciary Committee Democrats to stay on message for the next two days and make it all about health care:

8:45 AM: A long day of questioning ahead.

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