WASHINGTON, D.C. — Supreme Court nominee Amy Coney Barrett declared Monday that Americans “deserve an independent Supreme Court that interprets our Constitution and laws as they are written,” encapsulating her approach to the law that has Republicans excited about the prospect of her taking the place of the late Justice Ruth Bader Ginsburg.
Barrett spoke about her judicial philosophy, her experience and her large family at the end of the first day of her confirmation hearings that Senate Democrats are using to try and brand her a threat to Americans’ health care during the coronavirus pandemic.
After sitting in silence through nearly four hours of opening statements from members of the Senate Judiciary Committee, the 48-year-old federal appeals court judge laid out her approach to the bench, which she has likened to that of her conservative mentor, the late Justice Antonin Scalia.
“Courts have a vital responsibility to the rule of rule of law, which is critical to a free society. But courts are not designed to solve every problem or right every wrong in our public life,” Barrett said.
“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. The public should not expect courts to do so, and courts should not try.”
She told senators that she is “forever grateful” for Ginsburg’s trailblazing path as a woman on the court.
Yet Sen. Kamala Harris, Democratic presidential nominee Joe Biden’s running mate, claimed Barrett’s nomination puts in jeopardy everything Ginsburg fought to protect.
Testifying from her office, Harris said that not only health care but voting rights, workers’ rights, abortion rights and the very idea of justice are at stake.
Republicans called Barrett a thoughtful judge with impeccable credentials.
Barring a dramatic development, Republicans appear to have the votes to confirm her to the Supreme Court. If she is confirmed quickly, she could be on the court when it hears the latest challenge to the Affordable Care Act, a week after the election.
One after another, Democrats sought to tie her nomination to the upcoming court case.
“Health care coverage for millions of Americans is at stake with this nomination,” said Sen. Dianne Feinstein of California, the committee’s senior Democrat.
Sen. Sheldon Whitehouse, D-R.I., said the nomination is a “judicial torpedo aimed” at the law’s protection for people with pre-existing health conditions among its provisions. The Trump administration wants the court to strike down the entire law popularly known as “Obamacare” on Nov. 10. Barrett has criticized the court’s two earlier major rulings supporting the law.
Among Republicans, Sen. Chuck Grassley, R-Iowa, dismissed warnings Barrett will undo the Obama-era healthcare law as “outrageous.”
Trump himself seemed to be watching, tweeting several times about the hearing. In one message, he tweeted that he’d have a “FAR BETTER” health care plan, with lower costs and protections for pre-existing conditions.
Republicans also warned against making Barrett’s Catholicism an issue in the confirmation debate, especially in regard to her stance on abortion, with Sen. Josh Hawley of Missouri lambasting what he called a “pattern and practice of religious bigotry” by Democrats.
The Senate Judiciary Committee kicked off four days of statements and testimony in an environment that has been altered by the coronavirus pandemic. Some senators were taking part remotely, and the hearing room itself was arranged with health concerns in mind.
Sen. Lindsey Graham, R-S.C., opened the hearing acknowledging “the COVID problem in America is real.” But he said, “We do have a country that needs to move forward safely.”
Graham acknowledged the obvious: “This is going to be a long, contentious week.”
Protesters rallied outside the Senate buildings with the hearing room largely closed to the public. Capitol Police said 22 people were arrested and charged on suspicion of crowding, obstructing or other violations.
Sen. Mike Lee, R-Utah, one of those who tested positive, was in the hearing room Monday after his spokesman said he was symptom-free. The other affected senator, Thom Tillis of North Carolina, was participating remotely, though he too is symptom-free, his spokesman said. Both tested positive 10 days ago.
Trump chose Barrett after the death last month of Ginsburg, a liberal icon. It’s the opportunity to entrench a conservative majority on the court for years to come with his third justice.
The country is getting an extended look at Barrett this week in hearings during the heated election environment.
Faith and family punctuated her testimony, and she said she would bring “a few new perspectives” as the first mother of school-age children on the nine-member court.
Barrett said she uses her children as a test when deciding cases, asking herself how she would view the decision if one of her seven children were the party she was ruling against.
“Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law?” she said.
