CONEY ISLAND
Top court pick straps in for wild ride
Supreme Court nominee Amy Coney Barrett vowed Monday that she would never let her personal beliefs bleed into her work if she makes it onto the high bench — but Democrats were hardly convinced and painted her as an existential threat to health care, abortion rights and a slew of other critical issues.
In her first confirmation hearing before the Senate Judiciary Committee, the 48-yearold federal appeals court judge pressed her case for being a bythe-book jurist by paying homage to Antonin Scalia, the late conservative Supreme Court justice for whom she used to clerk.
“I felt like I knew the justice before I ever met him, because I had read so many of his colorful, accessible opinions,” Barrett, a staunch conservative Catholic, said as part of an opening statement .“More than the style of his writing, though, it was the content of Justice Scalia’s reasoning that shaped me. His judicial philosophy was straightforward: A judge must apply the law as written, not as the judge wishes it were.”
She added, “Sometimes that approach meant reaching results that he did not like ... That is what it means to say we have a government of laws, not of men.”
But Democrats on the committee said Barrett’s words rang hollow.
For hours before she closed out the hearing with her prepared remarks, the De ms argued that the only reason President Trump nominated her was to ensure a 6-3 right-wing majority on the Supreme Court, paving the way for decades of judicial progress to be overturned.
They also took repeated and sharp aim at their Republican colleagues’ rush to rubberstamp Barrett’s nomination with just three weeks to go until the Nov. 3 election.
California Sen. Kamala Harris, who’s playing a major role in the Barrett hearings as Joe Biden’s running mate, went as far as to say that Barrett would“undo” the lifework of Justice Ruth Bader Ginsburg, whose Sept. 18 death created the vacancy she’s nownow hoping toto fill.
“Ginsburg devoted her life to fighting for equal justice and she defended the Constitution. She advocated for human rights and equality,” Harris said in virtual remarks from her Senate office, as Barrett sat stone-faced in the judiciary committee hearing room.
“But now her legacy and the rights she fought so hard to protect are in jeopardy,” Harris continued. “By replacing Justice Ruth Bader Ginsburg with someone who will undo her legacy, President Trump is attempting to roll back Americans’ rights for decades to come.”
Topping the list of concerns for the Democrats was the fate of the Affordable Care Act.
They saidthey have no doubt Barrett will, if confirmed, side with the Trump administration when the Supreme Court hears arguments on Nov. 10 — one week after Election Day — on its bid to eradicate the Obama-era law — an outcome that would strip health care from millions of people in the middle of a pandemic that’s killed more than 215,000 Americans.
“Health care coverage for millions of Americans is at stake with this nomination,” said California Sen. Dianne Feinstein, the committee’s top Democrat.
Trump, who was set to return to the campaign trail on Monday night after recovering from COVID-19 at the White House for the past 12 days, unleashed a fact-challenged storm of tweets during the hearing to defend his push to kick Americans off of health care.
“We will have Healthcare which is FAR BETTER than ObamaCare,” Trump tweeted without offering a plan .“PEOPLE WITH PREEXISTING CONDITIONS WILL BE PROTECTED AT AN EVEN HIGHER LEVEL THAN NOW ... YOU’RE WELCOME!”
Despite his tweets, Trump hasn’t released any plan for replacing Obamacare in his nearly four years in office, even though he has promised one.
There were plenty of reminder soft he COVID-19 pandemic in the hearing room, with senators and Barrett all wearing face masks, except while speak
ing.
Sen. Mike Lee (R-Utah) was present and delivered remarks even though he tested positive for COVID-19 just 10 days ago after attending Barrett’s nomination ceremony in the White House Rose Garden last month.
Referring to Lee’s infection, Sen. Sheldon Whitehouse (DR.I.) said the hearing itself was an example of Trump’ s failure to fight the virus.
“This hearing is a microcosm of Trump’s dangerous ineptitude in dealing with the COVID pandemic,” he said. “The whole thing, just like Trump, is an irresponsible botch.”
Republicans on the committee sought to defend Barrett as a principled judicial conservative and claimed Democrats were espousing anti-Christian biases by highlighting her opposition to abortion and other hot button issues.
“When you tell somebody that they’ re too Catholic to be on the bench, when you tell them they’re going to be a Catholic judge, not an American judge, that’s bigotry,” said Sen. Josh Hawley (R-Mo.).
Democrats countered that they were merely picking up on what Barrett herself has said, ruled and written about reproductive rights and Roe v. Wade, the landmark 1973 Supreme Court ruling that made abortion legal on a federal level.
The Dems voiced concern that Barrett will do damage to more than just health care and abortion rights.
“Every American must understand that with this nomination, equal justice under law is at stake,” Harris said. “Our voting rights are at stake, workers’ rights are at stake, consumer rights are at stake, the right to a safe and legal abortion is at stake, and holding corporations accountable is at stake.”
Sen. Richard Blumenthal (DConn.) brought up Trump’s repeated refusal to commit to a peaceful transfer of power if he loses on Nov. 3 as another issue that could come before Barrett if she’s confirmed to the court.
“Your participation in any case involving Donald Trump’s election would immediately do explosive, enduring harm to the court’s legitimacy and to your own credibility. You must rec use yourself,” Blumenthal said.
Barrett’s confirmation process was set to resume Tuesday, when senators on the committee will be able to ask her questions. Republicans, who control the Senate by a 53-47 margin, are moving at unprecedented speed in hopes of holding a final floor vote on Barrett’ s nomination before voters have the chance to weigh in on Nov. 3.
Despite the pushback, it’s unlikely that Democrats will be able to de rail Barrett’ s nomination. Only two moderate Republicans have suggested they may vote no.