The confirmation hearings for President Trump’s nominee to the Supreme Court, Justice Amy Coney Barrett, entered their second day with senators from both parties questioning Judge Barrett on topics such as affordable health care, gun control, same-sex marriage, abortion rights, and determining the outcome of this year’s election.
During the second day of appointment hearings, one of the main focuses of the Senators’ questions was the Affordable Care Act. If Judge Barrett makes it to the Supreme Court, she will be able to make a ruling in a trial on the Act next month.
In response to questions from senators about this issue, Judge Barrett did not explicitly state how she would rule, but repeatedly emphasized her commitment to judicial independence. She also clarified that she had made no promises to President Trump or the White House about what she would rule on the health care bill or a possible decision on the outcome of the presidential election.
She said, “I have never discussed with the president or any of his staff how I might rule. For me to either make such a commitment or be asked how I would rule would be a serious breach of judicial independence. I also think it would be a complete violation of judicial independence for anyone to hope to achieve a certain goal by nominating justices.”
When asked about her views on same-sex marriage, abortion rights, and gun control, she explained that the justices do not have the power to re-rule cases that have already been decided anywhere, anytime, but that if the Supreme Court decides to take on a new case on the subject, she will make a decision based on the letter of the law.
Barrett said, “I don’t have any other preset agenda, I don’t have an agenda to overturn Planned Parenthood v. Casey (the abortion rights case). My only agenda is to follow the letter of the law and rule on the new case.”
Judge Barrett has repeatedly emphasized that she is a legal fundamentalist in both yesterday’s and today’s hearings.
She said, “I interpret the text of the Constitution the way it is written. I think the Constitution expresses what the writers meant to say in their time. It doesn’t change with the times, and I don’t have the authority to update its meaning or impose my own policy views on it.”
Judge Barrett has stated on several issues that she will not be influenced by her own personal views in deciding the cases in question. Barrett and her husband have two adopted children from Haiti. She said she understands that her children may encounter racial discrimination, but she will not use her position as a judge to create policies to fight racism.
She said, “So while I share my personal experience and am happy to discuss our family’s reaction after seeing the George Floyd video, giving a broad statement or diagnosis for the topic of racism is beyond my ability as a judge.”
Judge Barrett had clerked for Justice Scalia, who died in 2016, and considered him his spiritual mentor. At the hearing, however, she said she would not follow the exact same sentencing pattern as Justice Scalia.
She said, “But I want to be careful to say that if my nomination is approved, you will not get another Justice Scalia, you will get Justice Barrett.”
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