Barrett again declined to preview how she would rule on potential cases during her confirmation hearing, as she had sought to present herself as an independent judge without an agenda for the previous two days.
Judiciary Committee Chairman Lindsay Graham suggests that Barrett will vote in favor of the Accessible Care Act in the next case, as it is set apart by judicial principle, which would protect itself from political attacks in the tough re-election against Democrat Jaime Harrison.
Barrett explained that the question before the court was whether a section of the ACA could be “split” if the law was deemed unconstitutional, or if several states led by the Trump administration and the GOP would argue whether the whole law would fall.
“Assumptions are always in favor of uniqueness,” Barrett said.
An exchange between South Carolina Republicans and Barrett at the start of the session on Wednesday showed that Democrats’ health care-focused attacks on Barrett’s nomination have been politically effective.
“This hearing has been more about Obamacare than you,” Graham said.
“Generally speaking, we look at it from a conservative point of view that we, the legislature’s bodies, are not judges but want to make laws.” “Would it be more true if you could save the statues you try as long as possible?”
“That’s right,” Barrett replied.
“That’s the law, folks,” Graham replied.
Democrats go the other way over Obamacare
Democrats were not disappointed by Graham’s suggestion that Barrett would support the ACA.
California Sen. Diane Feinstein, the top Democrat on the Judiciary Committee, also asks the nominee about the Distribution Doctrine. Barrett explained to Feinstein that the principle was like a game of “jenga”, where the court must decide whether to remove any part of it and make the law stand.
“When you don’t want the court to undo your work, Barrett does a valuable job of trying to undo your work,” Barrett told him.
Barrett later told the Minnesota Democratic Sen. Amy Klobucher, “I have no opinion or agenda for the Affordable Care Act.”
Barrett says ‘no one is above the law’ but refuses to say whether Trump can forgive himself
“The question is whether Bho can be said or not but he is the one who calls for a legal analysis of what the scope of the power of forgiveness is.” “So when I’m not going to make a decision in the judicial process he’ll pick an open question, it’s not one in which I can give a point of view.”
Barrett said the constitutional right to contraception was “too much, too much, too much, too much, nowhere to go.”
Barrett responded that the Griswold antecedent view was “very, very, very, very, very, very unlikely to go anywhere.”
He explained that “it is conceivable that any legislator would pass such legislation”, ban the use of birth control and that it was “unlikely” that the lower court would follow the example of the Supreme Court.
“The only reason it’s worth asking is because the 1965 case is subject to the 1973 landmark case of Rowe Wade, who was granted a constitutional right to abortion,” Barrett said. “So, because significant action is being taken in Griswold, the area the country is suing, I don’t think it’s an issue or a case on which I can express myself.” “But neither do I think Griswold is in danger of going anywhere.”
Missouri Republican Sen. Josh Howell said Democrats are calling Barrett “the worst reader and the most severely misinterpreted Judge Scalia.”
He added, “I got the impression that you are a different person than Justice Scalia, and you have your own words, your own mind.”
Kamala Harris to push Barrett on voting rights, workers’ rights and climate change
California Sen. Kamala Harris, the Democratic vice presidential candidate, defeated Barrett in Shelby County v. Asked about Holder, who allowed some jurisdictions with a history of voter repression to be exempted from additional federal investigations under the Right to Vote Act of 1965.
Harris said at least 23 states have passed voting restrictions since the Supreme Court ruled in the case in 2013. He then asked whether Barrett agreed with Chief Justice John Roberts, who wrote in the opinion that “voting discrimination still exists; no one doubts.” “
Barrett said he would not comment on a possible lawsuit before the court.
“I think racial discrimination still exists in the United States, and I think we’ve seen evidence of that this summer.”
Harris later asked Harris if Covid-19 was contagious, as if smoking caused cancer and climate change was threatening the air we breathe and the water we drink.
When Barrett first acknowledged the two as fact, he said climate change was “a very contentious issue of public controversy.”
“I won’t do that,” he said. “I will not express any opinion on the issue of public policy, especially the politically controversial ones because what I have explained is inconsistent with the judicial role.”
Republicans are confident Barrett will be confirmed
Republican senators on Wednesday appeared confident that they would win the 7th U.S. Open by the end of the month. The Circuit Court of Appeals will uphold the law professor and judge of Notre Dame on appeals and will give the Supreme Court a 6-6 majority over Rs.
“The last three days of hearings have revealed very good news,” Texas Sen. Said Ted Cruz. “Judge Barrett will be confirmed by this committee and by the full Senate.”
The Judiciary Committee will meet Thursday at 9 a.m. to vote on Barrett’s nomination, and Republicans will have enough members present for a quorum. Democrats will use their power under committee rules to delay a vote until Oct. 22, the Senate G.O.P.
After all this is over, the committee will hold a hearing on the fourth day of the hearing to confirm the bar rate and with the testimony of external witnesses against it.
Barrett is not expected to reappear after 18 hours of questioning by senators on Tuesday and Wednesday.
After the May 11 hearing, her most candid moment was when she confessed to having a glass of wine on Tuesday evening.
“I’ll tell you I needed it at the end of the day,” she said with a laugh.
Connecticut Democratic Sen. Richard Blumenthal replied: “Let me just say, you have the right to remain silent.”
CNN’s Manu Raju, Hanna Rabinovitz, Rebecca Grandhall, Sara Fortinsky, Angie Trinade, Daniel Mora and Kate Gloria contributed to the report.