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Amy Coney Barrett Senate confirmation hearings Day 3 highlights

PHOTO: Supreme Court nominee Judge Amy Coney Barrett testifies before the Senate Judiciary Committee on the third day of her Supreme Court confirmation hearing on Capitol Hill on Oct. 14, 2020 in Washington, DC.
9:42
Michael Reynolds-Pool/Getty Images
SCOTUS confirmation hearings: Day 3 highlights
By Libby Cathey
Last Updated: October 14, 2020, 9:54 PM

The confirmation hearings for Judge Amy Coney Barrett, President Donald Trump’s Supreme Court nominee, continued Wednesday with seven more hours of questioning.

Senate Republicans are keeping up their push for a final vote before Election Day despite Democratic calls to let voters decide who should pick a new justice.

Trump nominated Barrett to fill the seat left open by the late Justice Ruth Bader Ginsburg.

The four days of Senate Judiciary Committee hearings, overseen by Chairman Lindsey Graham, are unprecedented, with some members participating virtually and in-person. Barrett has appeared at the witness table to face questions for 19 hours total over two days.

Hearings begin at 9 a.m. each day and will be live streamed on ABC News Live.

The question and answer portion began Tuesday with Democrats arguing protections from landmark cases on health care and same-sex marriage are at risk with Barrett's nomination, while Republicans afforded her opportunities to defend her impartiality as a judge.

Barrett, 48, was a law clerk to conservative Justice Antonin Scalia and follows his originalist interpretation of the Constitution. She practiced law at a Washington firm for two years before returning to her alma mater, Notre Dame Law School, to teach. She was nominated by Trump in 2017 to the Seventh U.S. Circuit Court of Appeals and confirmed by the Senate in a 55-43 vote.

Latest Headlines:

  • Questioning of Barrett concludes
  • Barrett dodges questions from Harris on voting rights, climate change 
  • GOP senators make point of describing Barrett as 'pro-life'
  • Coons warns of new wave of 'conservative judicial activism' with Barrett on court
  • Klobuchar homes in on timeline of Barrett’s criticism of ACA and Trump nominating her to federal court in 2017
Here's how the day developed.

Oct 14, 2020 9:54 PM

Questioning of Barrett concludes

After more than seven hours and two technical glitches, the second round of questioning for Barrett’s confirmation hearings has concluded. 

Chairman Graham said he "lost sleep" over the hearing, but he ultimately thanked Democrats for conducting themselves in a way, Graham says, that is "befitting of the Senate" before offering some words of encouragement to Trump's nominee.

"You’re one of the most amazing human beings I’ve met in my life, and that’s saying a lot because I’ve met a lot of incredible people," Graham told Barrett. "With Amy Barrett, the best is yet to come."

Referring to Justice Ginsburg, Graham told Barrett, "She has a different philosophy than you do judicially. That is OK."

"I hope it’s OK that you can be pro-life and adhere to you faith and still be considered by your citizens worthy on the job."

Perhaps knowing that Republicans have the votes to confirm Barrett, Democrats did not ask for a third round of questioning. Instead, committee members will move forward with the next step in the nomination process, a closed-door session to review Barrett's FBI background check immediately following the hearing.

"You can have two glasses of wine tonight if you’d like," Graham joked, repeating, the hearing part is over."


Oct 14, 2020 9:31 PM

Barrett dodges questions from Harris on voting rights, climate change 

Vice-presidential nominee Sen. Kamala Harris, D-Calif., asked Barrett whether she agrees with the majority opinion written by Chief Justice Roberts in Shelby County v. Holder stating that voter discrimination still exists -- but Barrett wouldn’t answer what Harris said she thought was an easy question.

PHOTO:  Sen. Kamala Harris questions Supreme Court nominee Judge Amy Coney Barrett via videoconference in Washington, Oct.14, 2020.
Andrew Caballero-Reynold/Pool via Getty Images
Sen. Kamala Harris questions Supreme Court nominee Judge Amy Coney Barrett via videoconference in Washington, Oct.14, 2020.
Andrew Caballero-Reynold/Pool via Getty Images

"Senator Harris, I will not comment on what any justice said, an opinion, whether an opinion is right or wrong, and endorse that proposition," Barrett said.

"So, do you call it a proposition or fact? Are you saying you cannot agree with the fact?" Harris pressed.

"Senator, I'm not exactly sure what you're getting at with asking me to endorse the fact or whether any particular practice constitutes voter discrimination. I'm very happy to say that I think racial discrimination still exists in the United States, and I think we've seen evidence of that this summer," Barrett said.

"These are very charged issues that have been litigated in the courts, and so I will not engage on that question," she added, when Harris continued on voter and racial discrimination.

PHOTO: Sen. Kamala Harris questions Supreme Court nominee Judge Amy Coney Barrett via videoconference as she testifies before the Senate Judiciary Committee on the third day of her Supreme Court confirmation hearing on Capitol Hill, Oct. 14, 2020.
Andrew Caballero-Reynolds/Pool via Getty Images
Sen. Kamala Harris questions Supreme Court nominee Judge Amy Coney Barrett via videoconference as she testifies before the Senate Judiciary Committee on the third day of her Supreme Court confirmation hearing on Capitol Hill, Oct. 14, 2020.
Andrew Caballero-Reynolds/Pool via Getty Images

Dissatisfied with her response, Harris pivoted to science and climate change and, after a series of simple questions including whether she believes in COVID-19, asked Barrett if she believes climate change is real. 

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

She didn't offer the information, but Barrett has previously disclosed she was diagnosed with COVID-19 over the summer.

MORE: Key takeaways from 1st day of Amy Coney Barrett's Supreme Court nomination hearing

Oct 14, 2020 9:25 PM

Booker presses Barrett on race, Barrett says she wants her children ‘especially Vivian and John Peter’ to know she abhors racial discrimination

Sen. Cory Booker, D-N.J., said he was disappointed when Barrett told him she had not read any studies or articles, books, law review articles or commentary regarding racial disparities present in our criminal justice system. 

Barrett eventually said her knowledge of these issues roiling the country comes from conversations at Notre Dame. 

"I would say what I have learned about it has mostly been in conversations with people at Notre Dame. As at many different universities it’s a topic of conversation in classrooms, but it's not something that I can say yes I've done research on this and read," she said.

PHOTO:  Sen. Cory Booker speaks during the Senate Judiciary Committee confirmation hearing for Supreme Court nominee Amy Coney Barrett on Capitol Hill on October 14, 2020 in Washington.
Samuel Corum/Getty Images
Sen. Cory Booker speaks during the Senate Judiciary Committee confirmation hearing for Supreme Court nominee Amy Coney Barrett on Capitol Hill on October 14, 2020 in Washington.
Samuel Corum/Getty Images

Following questioning from Booker, Sen. Mike Crapo, R-Idaho gave Barrett a chance to defend herself from the "implication" that she would "not be sensitive to the need for equal justice for all." 

Barrett reaffirmed that she "abhors" racial discrimination and said she would want all of her children, "especially Vivian and John Peter" -- her two adopted children -- to know that she "unequivocally condemns racism."

-ABC News’ Trish Turner and Allie Pecorin



Oct 14, 2020 9:18 PM

Ginsburg's legacy looms over hearing room

The late Justice Ruth Bader Ginsburg and her legacy is a major presence at the confirmation hearing.

Both Republicans and Democrats have invoked the late justice in their questioning -- but her presence was shown in more visual ways, too.

For the third day in a row, Sen. Mazie Hirono, D-Hawaii, sported a mask with images of the late icon.

PHOTO: Sen. Mazi Hirono wears a Ruth Bader Ginsburg-themed face mask on the third day of Judge Amy Coney Barrett's Supreme Court confirmation hearing on Capitol Hill on Oct. 14, 2020, in Washington.
Ken Cedeno/Pool via Getty Images
Sen. Mazi Hirono wears a Ruth Bader Ginsburg-themed face mask on the third day of Judge Amy Coney Barrett's Supreme Court confirmation hearing on Capitol Hill on Oct. 14, 2020, in Washington.
Ken Cedeno/Pool via Getty Images

Sen. Chris Coons, D-Del., had placed a photo of Ginsburg in front of him for his questioning.

PHOTO: People protest for and against the confirmation of President Donald Trump's Supreme Court nominee Amy Coney Barrett, outside the Supreme Court on Capitol Hill, in Washington, Oct. 14, 2020.
Jose Luis Magana/AP
People protest for and against the confirmation of President Donald Trump's Supreme Court nominee Amy Coney Barrett, outside the Supreme Court on Capitol Hill, in Washington, Oct. 14, 2020.
Jose Luis Magana/AP

Not far outside the committee room on Capitol Hill, people for and against Barrett’s nomination protested outside the Supreme Court building, with many holding signs nodding to her signature collar.


Oct 14, 2020 1:52 PM

Feinstein follows up on 'severability,' presses Barrett on voting rights

Sen. Dianne Feinstein, D-Calif., the committee's top Democrat, followed up on the doctrine of severability, central to the Affordable Care Act case being argued before the Supreme Court on Nov. 10, asking Barrett for her definition of it.

"The doctrine of severability as it's been described by the court, you know, serves a valuable function of trying not to undo your work when you wouldn't want a court to undo your work," Barrett said. "Severability strives to look at a statute as a whole and say: Would Congress have considered this provision so vital that -- kind of in the Jenga game, pulling it out -- Congress wouldn't want the statute anymore?"

"Insofar as it tries to effectuate what Congress would have wanted, it's the Congress and court working hand in hand," she said.

PHOTO: Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee, Oct. 14, 2020, on Capitol Hill in Washington.
Erin Schaff/The New York Times via AP
Supreme Court nominee Amy Coney Barrett listens during a confirmation hearing before the Senate Judiciary Committee, Oct. 14, 2020, on Capitol Hill in Washington.
Erin Schaff/The New York Times via AP

Feinstein said she was "impressed" at the response -- but when they moved along to voting rights, the senator was not satisfied with Barrett.

MORE: Supreme Court begins new term as election battle looms

PHOTO:Sen. Dianne Feinstein, speaks during the confirmation hearing for Supreme Court nominee Amy Coney Barrett, before the Senate Judiciary Committee, Oct. 14, 2020, on Capitol Hill in Washington.
Susan Walsh/AP
Sen. Dianne Feinstein, speaks during the confirmation hearing for Supreme Court nominee Amy Coney Barrett, before the Senate Judiciary Committee, Oct. 14, 2020, on Capitol Hill in Washington.
Susan Walsh/AP

Feinstein raised Justice Scalia’s questioning during oral arguments in the 2013 case Shelby County V. Holder in which he questioned strong congressional support for re-enactment of the Voting Rights Act.

"Do you agree with Justice Scalia's assertion that the Voting Rights Act is a, quote, 'perpetuation of racial entitlement' end quote?" Feinstein asked.

Barrett said she can’t opine on the issue.

PHOTO: Supreme Court nominee Amy Coney Barrett testifies before the Senate Judiciary Committee during the third day of her confirmation hearings on Capitol Hill in Washington, Oct. 14, 2020.
Drew Angerer/Pool via AP
Supreme Court nominee Amy Coney Barrett testifies before the Senate Judiciary Committee during the third day of her confirmation hearings on Capitol Hill in Washington, Oct. 14, 2020.
Drew Angerer/Pool via AP

"Senator Feinstein, I can't -- I don't obviously know what Justice Scalia was thinking when he said that. And any characterization of the Voting Rights Act or a statement like that is simply really not something I can opine on. Because, you know, that's tied in, I would think, with the Shelby County questions,” Barrett said. 

"I'm not asking for a formal opinion. But would you believe that it's a perpetuation of racial entitlement?" Feinstein pressed. 

"Senator Feinstein, I think that goes to the question of whether the coverage formula was outdated and needed to be updated from the 1960s or not. I take that to be the thrust of the disagreement in Shelby County and the position that Justice Scalia was taking. So again, I can't express a view on Shelby County and whether the majority or dissent had the better of the argument," Barrett said.


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