Amy Coney Barrett faces questions on Day 3 of Senate hearings

Author: CBS Staff
Published: Updated:
Supreme Court nominee Amy Coney Barrett arrives for her Senate Judiciary Committee confirmation hearing on Capitol Hill in Washington, Monday, Oct. 12, 2020. (Caroline Brehman/Pool via AP)

Judge Amy Coney Barrett is returning to the Senate Judiciary Committee on Wednesday for the second day of questioning in her confirmation hearings for the Supreme Court, after a marathon first round of questioning in which she declined to weigh in on some of the most pressing issues she will face if confirmed to the high court.

Democrats pressed her to explain her views on challenges to the Affordable Care Act, Roe v. Wade and the upcoming election, should the Supreme Court have to weigh in. But Barrett stood firm on her refusal to indicate how she might judge cases that come before the high court.

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“I have no mission and no agenda. Judges don’t have campaign promises,” Barrett said toward the end of Tuesday’s hearing.

During one memorable exchange with Senator Dianne Feinstein, who questioned her on abortion, she said she had “an agenda to stick to the rule of the law.”

“If I express a view on a precedent one way or another, whether I say I love it or I hate it, it signals to litigants that I might tilt one way or another in a pending case,” she said.

Senate Judiciary Chairman Lindsey Graham asked if she would be an originalist like late Justice Antonin Scalia, for whom she once clerked.

“If I’m confirmed, you would not be getting Justice Scalia, you would be getting Justice Barrett,” Barrett said. “And that’s so because originalists don’t always agree and neither do textualists.”

Senators will be given 20 minutes each for their second round of questioning on Wednesday.

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