[ad_1]
epa08746272 US Supreme Court Nominee Justice Amy Coney Barrett testifies on the third day of her US Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, DC, USA. , October 14, 2020. EPA-EFE / JONATHAN ERNST / POOL
WASHINGTON, Oct 14 (Reuters) – President Donald Trump’s Supreme Court candidate Amy Coney Barrett said on Wednesday it was an “open question” whether Trump could forgive himself, adding that America’s highest judicial body He “cannot control” whether a president obeys his decisions.
He also sought to allay Democratic fears that it would be an automatic vote to repeal the Obamacare health care law in a case to be discussed Nov. 10, promising an “open mind.”
Barrett completed about eight hours of questioning on the third day of his four-day Senate Judiciary Committee confirmation hearing. The committee will hear witnesses both for and against its confirmation Thursday, but Barrett herself will not be present.
Trump has said he has “absolute power” to forgive himself, part of his executive clemency authority. When asked by Democratic Senator Patrick Leahy if a president could forgive himself for a crime, Barrett said “the question has never been litigated.”
“That question may or may not arise, but it is one that requires a legal analysis of the extent of the power of clemency. So, since it would be an opinion on an open question when I have not gone through the judicial process to decide it, it is not one that I can offer my opinion on, ”added Barrett.
Trump has also granted executive clemency to political allies and friends.
Barrett, a conservative federal appeals judge, is Trump’s third selection for a lifetime seat on the Supreme Court. Trump has asked the Senate, controlled by his fellow Republicans, to confirm Barrett before the November 3 US election.
While saying that “no one is above the law,” Barrett twice refused to respond directly when Leahy asked if a president who refuses to comply with a court order is a threat to the states’ constitutional system of checks and balances. United within the three branches of government. .
“The Supreme Court cannot control whether the president obeys or not,” Barrett said.
Supreme Court rulings, Barrett said, have “the force of law,” but the court lacks enforcement power and relies on the other branches of government.
“A court can pronounce the law and issue a ruling, but it lacks control over how the political branches respond,” Barrett added.
Barrett declined to discuss whether Trump was violating the “emoluments” clause of the US Constitution with his businesses. The provision prohibits presidents from receiving gifts or payments from state and foreign governments without the approval of Congress.
“I don’t know if I would characterize it as an anti-corruption clause,” Barrett said, disagreeing with Leahy, adding that it was designed to “prevent foreign countries from having influence.”
OBAMACARE CASE
Barrett could be in superior court to present arguments in a challenge by Trump and the Republican-led states to the 2010 law formally called the Affordable Care Act that has helped millions of Americans get health coverage and includes protections for individuals. with pre-existing conditions.
In response to Democratic suggestions that he would vote to nullify Obamacare in its entirety if one part is deemed illegal, Barrett said that if a statute can be saved, it is the judge’s duty to do so. Barrett added that he would approach any ACA case “with an open mind.”
Barrett has criticized previous Supreme Court rulings defending Obamacare.
Sen. Kamala Harris, who is a running mate of Democratic presidential candidate Joe Biden, said the procedures “lack legitimacy in the eyes of the people of our country” because they want the winner of the election to decide who will fill the vacancy. cut.
“Americans right now are experiencing a deadly pandemic and we are also experiencing a historic economic crisis,” Harris said. “The Senate should work day and night to provide financial relief to families and not rush confirmation from the Supreme Court.”
Barrett, 48, would be the fifth woman to serve on the court. As a devout Catholic, Barrett is personally opposed to abortion.
“This is history, folks,” said Republican Senator Lindsey Graham, chair of the panel. “This is the first time in American history that we nominated a woman who is blatantly pro-life and embraces her faith without apology, and she goes to court.”
Barrett would not say whether the landmark 1965 Griswold v. Connecticut protecting the right of married couples to use contraception without government restrictions was made right, but said it was “highly unlikely” that it was in danger.
Some conservatives, including Barrett’s mentor, the late Justice Antonin Scalia, have criticized the ruling, which recognized a constitutional right to privacy and paved the way for Roe v. Wade of 1973 that legalized abortion across the country, as well as decisions that recognize LGBT rights.
Democratic Senator Cory Booker expressed concern to Barrett about racial issues, noting that African Americans are disproportionately affected by criminal convictions and restrictions on voting access.
“In my private life, I abhor racial discrimination and obviously, for both personal and professional reasons, I want to make sure there is equal justice for all,” added Barrett, who has two black children adopted from Haiti among her seven children.
Barrett’s confirmation would give the court a conservative 6-3 majority. Republicans have a 53-47 majority in the Senate, making Barrett’s confirmation a virtual certainty.
Republicans are preparing for a committee vote next week and a final Senate confirmation vote before the end of October. Trump nominated Barrett on September 26 to replace the late Liberal Judge Ruth Bader Ginsburg.
(Reporting by Lawrence Hurley and Patricia Zengerle in Washington and Andrew Chung in New York; Edited by Will Dunham and Peter Cooney)
