Transcripts For CSPAN Part 2 Supreme Court Nominee Amy Coney Barrett Confirmation Hearing - Day 1 20240712

Following the break, day one of the confirmation hearings of Amy Coney Barrett continued. Sworn and and delivered her statement outlining her judicial philosophy and thought writing opinions and dissents. The remaining senators, including Vice President money also delivered remarks. This is just under two hours. Vice president ial candidate Kamala Harris also issued remarks. These are not normal times. 215,000 people and counting have died of this disease. Many businesses have closed their doors forever, shattering dreams and livelihoods. The white house has become a covid19 hotspot, driven by the president s ongoing denial of how serious this pandemic is. In even contracting the virus and being hospitalized seems to have shaken him back to reality. In normal times, the senate would be focusing on passing legislation to help the millions of americans suffering during this pandemic, but these are not normal times. Senate republicans are rushing to put a nominee onto the decidingourt to be the vote to take Health Care Away from millions of people. President trump has been very clear about what hes doing. Hes repeatedly promised to appoint Supreme Court justices who will strike down the aca. By nominating judge barrett, the president is keeping his promise. Two weeks ago, she aligned herself with her mentor, the late Justice Antonin Scalia, who twice voted to strike down the aca. To help the president keep his promise, republican colleagues are rushing to confirm judge barrett in a hypocritical, illegitimate process mayor weeks ahead of the election. They want her seated just in time to hear the republican lawsuit challenging the aca a week after the election. Americans dealing with this pandemic, it must seem outrageous that donald trump and Senate Republicans are determined to take away their health care and are just as determined to do nothing to help americans with a new covid relief bill, and they are right. It is outrageous, but it is not surprising. Republicans have made it clear for the past decade that repealing the Affordable Care act is at the top of their hit list. We know this because emir two mere two weeks after taking control of the house in 2011, the republicans who voted to repeal the aca for the next republicans took at tost 70 votes in Congress Eliminate provisions of the aca or to repeal it altogether. These repeal efforts culminated in the Early Morning hours of july 20 8, 2017 when our late colleague senator john mccain gave his dramatic thumbs down and saved health care for millions by one vote. His vote. Faced with failing to get rid the aca in congress, the republicans have taken to the courts. The Trump Administration and 18 republicans, including those from texas, south carolina, and missouri, are at the Supreme Court right now trying to strike down the aca. All arguments in the case are scheduled for november 10, a mere week after election day. This latest legal effort has been turbocharged because of death of our champion Ruth Bader Ginsburg three weeks ago. Her death has changed everything for donald trump and Senate Republicans. They are confident that victory at the Supreme Court is now within their grasp if the Senate Confirms judge barrett through this hypocritical, illegitimate process. The consequences of judge barretts confirmation would be devastating for millions of americans who would lose their health care during this pandemic. Even in normal times, without the threat of a pandemic, no one in our country should have to confront a major illness, worried that it might bankrupt their families. But we all know these are not normal times. Health care is the number one concern for so many people in our country, and they are rightly terrified that judge barrett will provide the deciding vote to overturn the aca and take away their health care. I want to share two of their stories today. Kimberly dickens is from raleigh, north carolina. Before the Affordable Care act, kimberly could not afford Health Insurance. Thankfully, the aca enabled her to get health care. She used that coverage to get a checkup and mammogram which found her breast cancer. With her Health Insurance she was able to get a mastectomy and has been cancer free sense. Kimberly credits the aca for saving her life. She said, if it was not for the Affordable Care act, i probably would not have had that mammogram. I was diagnosed early. It scares me to think if i did not have insurance, how far advanced toward the would the cancer have grown . Her story is not unique. In the years of all the battles of eliminating the aca we have heard from hundreds and thousands of constituents across the country sharing their health care stories. Dean and his daughter jordan are from my home state of hawaii. An Elementary School teacher, has pnh. A rare blood condition that requires special medicine that costs 500,000 per year for transfusions. Dean told me, without this medicine, she will die. Dean and jordan live in fear that republicans will strike down the aca which would allow her Insurance Company to put lifetime caps on her benefits and she would be left without coverage for her life savings medication. Dean wrote to me to share how, extremely terrified he is about his daughter losing access to Adequate Health care under the aca. Hes asked me to fight for her and that is what i am doing today. Health care is personal to kimberly, dean, jordan, and too, personal to me because i know that having Health Insurance and access to health care saved my life. On the day when the Senate Confirmed neil gorsuch to the Supreme Court, i got a routine chest xray before a scheduled eye surgery. A shadow on the xray and a later scan led to my diagnosis of stage iv Kidney Cancer and gave me time to receive treatment. My diagnosis came as a total shock and im grateful it came when there was still time. I still have cancer, but i do not need treatment right now. I receive regular scans so that i will know in time if treatment becomes necessary again. I am grateful for the care i have received and continue to receive from my doctors. The cost of my treatment, which included surgery to remove a kidney, a second surgery to remove part of a rib replaced with a seven inch titanium plate, almost two years of cuttingedge immunotherapy and regular scans has been in paramedics. Would bankrupt almost every family in this country if they didnt have Health Insurance. Im not special or unique. Serious illness can hit anyone on expect delay. It did for me, and when it does, no one should have to worry about whether they can afford care that might save their lives. The Affordable Care act provided this piece of mind for so many people over the years who found themselves in positions similar to mine. Their lives and health are what is at stake. Stake with are at this nomination and at moments carethis, where the health of millions is on the line, i think back to the care and concern so many of you showed me when i was diagnosed with cancer threeandahalf years ago. So many of you, including many of my republican colleagues on this committee wrote heartfelt notes wishing me well and letting me know you were thinking about me, and to this day, when the chairman of this committee and i find ourselves away from the cameras are sharing an elevator, he never hesitates to ask me about my health, he says how are you doing . Mr. Chairman, you and i have had our pointed disagreements over the years, particularly during our time together on this committee, but your concern means a lot to me. Moments when we recognize our shared humanity are rare in thisess these days, but should be one of those moments. This can be a moment, mr. And your for you republican con colleagues to show americans terrified of losing their health care the same compassion you continued to show me when i was diagnosed with cancer. Of rushing to jam and other ideological appointee to the Supreme Court in the middle of an election win over 9 million americans have already mr. Chairman, lets end this hypocritical, illegitimate hearing, return to the urgent work we have before us to help those suffering during this pandemic. Thank you, mr. Chairman. Thank you, senator. I think everybody on this committee and everybody that knows you knows your passion about your causes. Have a lot of political differences but all of us are very encouraged to hear you are doing well and we will keep praying for you. I appreciate that. Thank you. Do the right thing. Hello hot. Aloha. Chair, andu, mr. Judge barrett, thank you so much for being in front of us today. Welcome to you and i am so glad you have had your family join you today, as well. Only 100 years ago, women in this country were given the right to vote and today, we consider adding another woman to the highest court in the land and i cant help but be so proud women allof our everyone of our women have accomplished in this incredible nation. This is the first time ive been a member of the Judiciary Committee during a Supreme Court nomination process and as you probably know, like most americans, im not a lawyer. I bring a slightly different perspective on to this committee, but one thing is very important to me and it is something that matters to iowa ns, lawyers or not, i firmly believe in the role of our Supreme Court. It is the defender of our constitution. At the end of the day, that is my test for a Supreme Court justice. Will you defend the constitution . It frustrates me and my fellow iowans the Supreme Court has become a Super Legislature for a congress that wont come together, discuss these tough issues and do its job. What i hear from my colleagues on the left is about judicial activism and what they want to hear in their nominees, which is that Super Legislature. They are projecting that upon you, judge barrett. Thats what they are projecting as they talk about what cases may or may not come in front of the Supreme Court. As a matter of fact, i think it was just the other day that Vice President joe biden told the American People they dont deserve to know whether he is going to pack the court. They dont deserve to know who his judicial nominees would be. Think we do need to know because it is what the left is projecting on you today, is what they want to see in their nominees. But thats not what our founders intended the court to be. Hope that this hearing will be an open, fair conversation about how judge barrett would be as justice barrett. Instead of entering into this nomination process with an open mind and a desire to understand this woman, who has been nominated for the highest court in the land, the focus is on a plan or strategy, a series of tactics to undermine, coworkers, and confuse the American People. A plan, judge barrett, to undermine you as a person, undermine your family, and undermine what you hold dear. Women all over the world are painfully familiar with this strategy. We are all too often perceived and judged based on who someone be, needs or wants us to not on who we actually are. Whonnot speak to those would attempt to undermine dear nomination, but your nomination, but as a fellow woman, fellow mom, fellow midwesterner, i see you for who you are and im glad the American People have the opportunity to get to know Amy Coney Barrett. Will be an opportunity to dig into your background further and understand more about your judicial philosophy, but what youre a political opponents what your political opponents want to cast you as is a tv or Cartoon Version of a religious radical, a socalled id that feeds into the ridiculous stereotypes they have fed out to lambaste people of faith in america. And thats wrong. It might be less comical if this was the first time the left has trotted out this partisan playbook. Your political opponents have made these religious types attacks on nearly Supreme Court candidate nominated by a republican president in the modern era and every time, like clockwork, they say they really mean it this time. Ins nominee, this woman front of us, she is the absolute worst. Im struck by the irony how accusationseir against women really are, that you, a working mother of seven with a strong record of professional and academic up pop accomplishment couldnt possibly respect the goals and desires of todays women. That you as a practicing catholic with a detailed record compassion. Acks i know you to be compassion. Your record on the seventh circuit says you are and more importantly shows year demonstrated commitment is to defending the constitution. An great freedom of being American Woman is we can decide how to build our lives. Marry, what kind of person we are, and where we want to go. I served in the army, something not exactly popular at various points in americas history. The narrowve to fit definition of womanhood. We create our own path. Justice ginsburg was one such woman and i would like to pay tribute to her for what she did to pave the way for women of today. It is really quite simple what your opponents are doing. They are attacking you as a mom and a woman of faith because they cannot attack your qualifications. I travel to every single one of iowas counties and talk to men and women of all walks of life, whether they are farmers or nurses or Small Business owners, they want a government that is accountable to them. When Congress Makes a law that oversteps the constitution, the ripples can be felt whether it is on farms in the county i am from an the manufacturing facilities, the Church Services of sioux city and Community Meetings of waterloo. The Supreme Court only job is to rule on the cases before it and defend the constitution. Needsthat well, a justice to be thoughtful, restrained, and wise. Judge barrett, so far, i have seen all of those things in you. I am so glad we have you in front of us. I look forward to learning more about you. I want to thank you and your family for being in this nomination today and certainly this, folks, is what a mom can do. Thank you, judge barrett, very much. Thank you, mr. Chair. Mr. Tor booker thank you, chairman. 49yearold a father of twin boys and a football coach and professional in new jersey. For years, he put off going to the doctor because he was afraid he could not afford it. Act was Affordable Care passed, he finally got the coverage he could afford. Ago, he was diagnosed with type two diabetes. It disproportionally impacted black americans like him who are 60 more likely to be diagnosed with diabetes and today, he takes insulin and other medications. I said obamacare made it so was not afraid of the costs of going to the doctor. If i didnt have insurance and didnt get its diagnosed, who knows where i would be right now. He is worried about what will happen if the Affordable Care act gets overturned. He said, now i have a preexisting condition. Myinsurance covers medications, equipment to monitor my diabetes. If that is taken away from me, what is going to happen . I cant afford those on my own. Michelle from palisades park, husbandey, lost her john last year when he passed. Way suddenly at the age of 58 michelle relied on Health Insurance through his job but when he died, their insurance went away. She was given the option to continue his plan but could not afford the cost of 800 a month. Michelle signed up on the insurance marketplace where it was made more affordable. Cany, she is insured and manage your diabetes, Heart Disease and autoimmune disease because of her coverage. She also relies on insulin and other prescription medications. If the aca was overturned, she said i could lose my house if i didnt have Affordable Health care. I would have to sell my home. I like where i live. I dont want to lose my home. People like them are understandably scared right now. President trump has told america he would end the aca. He promised explicitly that he would only nominate judges that would do the right thing and eliminate the Affordable Care act. Michelle know what a future without the aca looks like. It looks like 130 million americans with preexisting conditions, from cancer survivors to people with disabilities being charged more or denied coverage completely. It looks like 20 million americans losing their access to potentially lifesaving care in the middle of a pandemic that has army killed over 214,000 americans. A new jersey, weve lost over 16,000 people to covid19, 595,000 people would lose their coverage without daca. For millions of americans, a future without the aca looks like being forced to sell your afford your cant health care. Not having access to a doctor when you are sick. It looks like having to choose between paying for groceries and paying for medicine. People are scared right now for another reason. Future withouta the protections of roe v. Wade looks like because President Trump has explicitly stated that he would only put up Supreme Court nominees that would overturn roe v. Wade. He said it clearly, we should believe him. Wade, the country looks like people being denied the ability to make decisions about their own bodies. Not just while they are pregnant, but losing the right to plan for their futures. Women of color, low income women and women in local areas who cannot pack up and leave if abortion is criminalized where where they live, looks like them being left with no options, state laws proliferating through our country that seeks to control and criminalize women. The government interfering with women making the most personal medical decisions. It looks like a country in which states might write laws that could subject women with miscarriages to investigations to ensure they didnt have abortions. In America Today, people are scared. You heard from my colleagues. To ourgetting cost office where people are afraid. More than 214 thousand americans have died, many away from families, tens of millions of jobs have been lost. In three American Families with children arent getting enough food to eat. More than 100,000 Small Businesses have closed permanently. In the wealthiest nation on the planet have stretched for miles. Senate, we, as the should be as the Senate Working in a bipartisan way to get this virus under control, to get relief to people who are hurting , who are struggling, who are afraid, to help people who are unemployed, to let doctors and nurses and hospital staff putting their lives on the line right now in state after state where covid is rising know that we have their backs in a pandemic, but instead of doing anything to help people who are struggling right now, we are here. We are here. Im so glad im really glad who my colleagues contracted covid19 at the rose garden super spreader event for judge barrett had access to the care you and your families needed. That is right. This is a blessing. The problem is, the people who will come through here today to wipe down the desks and empty the garbage, who will back him the floor like people all over our country who are working today in factories, teaching children in schools, they dont have direct line to the nations top health experts. He cant show up to work sick, and they might not have space to distance themselves at home to protect their families. We literally stopped the senate from functioning with the exception of this hearing. Thats why we are here. We are not just 22 days from election, we are already in an election where millions have already started voting because donald trump and many Senate Colleagues know the truth. Get awayt be able to with this after the American People have spoken in this election. Donald trump and my Senate Republican colleagues in this room know the American People dont want the aca overturned. My senatemp and republican colleagues know the majority of americans dont want roe v. Wade overturned. A majority of americans dont want to see abortion criminalized in our states, but that is exactly why we are here today, because donald trump and Senate Republicans know the American People dont want this so they have to act now. They dont trust the American People, which is so painful because thats what they said. They said we should trust the American People and what the American People say under president obama 269 days from an election. And after that election, they tried time and again to overt turn overturn the Affordable Care act but a handful of republicans stopped them. They tried in the senate, tried donaldhouse, but now trump has said explicitly he will do it through the courts by making the nomination we see here today. Here. S why we are the American People should know that is what this is all about, rushing this nomination through to sit a Supreme Court justice case beforeear a the Supreme Court that will end the Affordable Care act. We are here because in the middle of a deadly pandemic, in the middle of an ongoing election, Senate Republicans have found a nominee in judge barrett who they know will do what they couldnt do, subvert the will of the American People and overturn the aca and roe v. Wade. That is why we are here. It is very simple. Senate republicans know the American People dont want this, but they dont care because they have only one small window of ,pportunity to work the system betray what the American People want, so they are desperately rushing to complete this process he for america starts voting but they dont have to do this. If one of my colleagues will stand up on this committee, we can hold us over until after an election. If two of my colleagues agree, then we can stop this. Otherwise, this is a charade when they say this is a normal Judiciary Committee hearing for Supreme Court nomination. There is nothing about this that is normal. Normal Senate Republicans are rushing through a hearing, violating their own statements, betraying the trust of the American People and their colleagues and failing to take in this hearing even the most basic safety protections to protect people around them, all tens of millions of people will lose their health monthsen we are seven into one of the worst Public Health crises in our country. This is not normal than a million millions of americans arentshell and merrick just scared of a deadly virus, but their fellow americans in this room right now. They are scared their government and their institutions will be by an end run to achieve that. Nothing about this today is normal. This is not normal. What is going on in America Today in the midst of a deadly pandemic and an ongoing election, having a rushed Supreme Court nomination hearing is not normal, and we cannot normalize it. People are voting right now. The American People should decide. The American People should decide. The American People should decide. Confirmot be voting to judge barretts nomination. Recordd like to submit a letter for the record, if i may. We should not be rushing this process, my colleagues agree we should be protecting the health of americans across the country and taking greater precautions in this workplace. I would like to enter into the letters we sent to the chairman asking these proceedings not proceed without proper testing measures. Judge barrett, welcome and congratulations on the high honor of your nomination. I have some prepared marks, which i will give, but having sat through the speeches and listening to the attacks that , both on made republican members of the committee and on you, i think it is important to set the record straight on a few items before i talk about why we are here and that is you and your qualifications to serve as a justice. I would say the first attack is we are rushing to fast and that we are violating the rules and norms and precedents of the senate and speeding into these proceedings. What are the facts . Well, i had my staff check while we were sitting here. This hearing is 16 days after judge barretts announced nomination. Of also print Court Hearings have been held within 16 days of the announcement of the nominee. This case is no different. A couple of examples. Justice stephens, 10 days, justice rehnquist, 13 days, justice powell, 13 days. Days,e blackmun, 15 justice burger, 13 days. Proceedings are following right along in the same kind of process that has historically been the process of the senate. So then the argument is made that this is an Election Year and the republicans said back in 2016 that in an Election Year, they wouldnt move forward with then president obamas nomination. What are the facts . A vacancy has arisen in an Election Year 29 times. Every single one, every single one of those 29 times, whoever was the sitting president made a nomination to replace the vacant seat, to fill the vacancy. Every one of those 29 times. Thef those 29 times, parties of the president and the Senate Majority were the same, and 17 of those 19 nominees were confirmed. Of the 10 times in which the senator was controlled by the Party Opposite to the did thet, only one time senate that was not of the party of the president proceeded to fill that vacancy. Vacancies under a divided government, meaning a senate and presidency from different parties have not been years, goinger 130 back to 1888. Like when the senate exercised its constitutional right, fully consistent with precedent in 2016, not to. Fill the vacancy when there was divided government, the senate is today exercising its duty to move forward with processing this nomination, just like the vast majority of senates in the past have done every time this has happened, and it is important to note that. Any claim this process is unusual or violates the clear precedent of the senate is simply false. So then, back to the attacks on the members of this committee, as himrepublican side is him will feature regard to a vacancy that is being accused of Court Packing when my colleagues on the other side are actually proposing Court Packing. With thetatutorily and signature of a president , change the law so they can add more members of the court. Fdr tried this and his effort was rejected. That effort should be rejected now but lets be clear about it, this is not Court Packing. Threatening to pass a law and change the court, is Court Packing. So what were the arguments that were leveled against judge barrett . Well, the standard arguments. She is going to overturn all protections for women, shes going to change all of the laws in the country that protect Peoples Health care, and everyone in this country who has a preexisting condition or any worry about getting support needs to worry that shes going to be an activist judge justice and go in there and change the law. Shes not, and we all know that. This is simply the tired, worn that is constantly made every time a republican president nominates a candidate for the bench, for the Supreme Court of the United States. Td it has never been rue and it will not be true with judge barrett,. Then the attack is republicans dont care about Peoples Health. They dont even try to get covid relief out. When weere in a meeting ought to be passing covid relief legislation. Ofe heard a couple colleagues say republicans are refusing to help address the covid crisis. This, coming from colleagues who just a month or so ago voted unanimously to filibuster a 600 500 billion covid relief package in the senate, a covid relief package i asked my staff to give me a quick summary of it, as i indicated to come somewhere between 500 and 600 billion into Small Business loans, unemployment insurance, agriculture and farming assistance, Postal Service assistance, Education Assistance at the Higher Education levels and k12, Health Care Assistance for pandemic preparation for strategic stockpiles, for testing, contact tracing, billions for vaccine and therapeutic and diagnostic development, and the list goes on. We were stopped from proceeding with this legislation by a filibuster of those who now accuse us of not wanting to try to do something. We stand ready, if youll simply let us go to the legislation and pass it. So now, judge barrett, let me talk about you. Judge, you have an exemplary academic record and legal credentials. And you are preeminently qualified to serve on our Supreme Court. Following your graduation from law school, you heard clerked for the District Court of columbia and Supreme Court. At the Supreme Court come you clerked for none other than the late Justice Antonin Scalia. Upon receiving your nomination to the Supreme Court, judge merrick reflected on her clerkship am saying his incalculable influence on her life. She said his judicial philosophy is hers too and a judge must apply the law as written. Thats what we need in our next Supreme Court justice. Rather than the activist justice you are being accused of being. Andes are not policymakers, they must be resolute in setting aside policy views they may hold. I know you know that. Should we not take judge barrett at her word . As a judge, Supreme Court or otherwise, she must be dedicated to interpreting the law as written with an unparalleled commitment to our constitution. Visited with her privately, reviewed her record. Ive seen nothing that would indicate she is not telling the truth when she says that is her view of how we judge should conduct herself. Number ofith a Supreme Court nominees in my service in the senate and throughout, ive continued to maintain an emphasis on following the law and upholding our constitution and that must be a central characteristic of the justices we select for this highly influential part of our government. Judges have a great responsibility to carefully exercise their authority within the limits of the law. Our court system has the responsibility to preserve our Constitutional Rights, insure limited government, and provide speedy and fair justice. Following her clerkships, she spent time in private practice before being a private professor. Herfaced issues that make uniquely well qualified to serve on our nations highest court. In particular, her thoughtful exploration of the president and she ise show intellectual and deliberative in her understanding of the law. It is evident she understands the law rule role of a fair judge. Judge Amy Coney Barrett came before this committee after being nominated to the u. S. Circuit court of appeals for the second seventh circuit. Sheng that hearing, expressed her commitment to unbiased decision making. I was proud to support her confirmation to the court of appeals in the committee and on the senate floor. Judge barretts resume shows shes a tight here the legal field. Shell be the fifth woman and first mother of schoolaged children to serve on the Supreme Court. In many ways, shes the ideal candidate to fill this current vacancy. Forward ton, i look hearing more from the nominee about her experience and judicial philosophy. The next few days will prove invaluable as we discussed at length the proper role of a judge in our legal system. I look forward to this hearing. Thank you, mr. Chairman. Thank you, i believe senator harris . Can you hear me . Hello . Hello . We hear you. Harris yes . Wait just one second, we dont see you. Congratulations on being on the ticket. I havent told you that. Clear,hear you loud and the floor is yours. Senator harris thank you, mr. Chairman. This hearing has brought together more than 60 people to fit inside of a closeddoor room our nation ise facing a deadly airborne virus. This committee has ignored common sense requests to keep people safe, including not requiring testing for all members despite a coronavirus outbreak among senators of this very committee. In response to the recent outbreak, the leaders of Senate Republicans rightly postponed business on the senate floor this week to protect the health and safety of senators and staff. Mr. Chairman, for the same reason, this hearing should have been postponed. The decision to hold this and putsow is reckless workers and congressional aides and Capitol Police at risk, not to mention that while tens of millions of americans are struggling to pay their bills, the senate should be prioritizing Coronavirus Relief and be providing Financial Support to those families. The American People need to have help, to make rent or their mortgage payment. You should provide Financial Assistance to those who have and help parents put food on the table. Small businesses need help as to the cities, towns, and hospitals that this crisis has pushed to the brink. Familiesill would help with Small Businesses get through the crisis but Senate Republicans have not lifted a which isr 150 days, how long the bill has been in the senate. Yes, this committee is determined to rush a Supreme Court confirmation hearing in 16 days. Republicans have made it Crystal Clear that rushing a Supreme Court nomination is more important than helping and supporting the American People who are suffering from a deadly pandemic and a devastating economic crisis. The priorities are not the American Peoples priorities, but for the moment, Senate Republicans hold the majority in the senate and determine the schedule. Here we are. The constitution of the United Senate withed the the duty to carefully consider nominations of the lifetime appointment to the Supreme Court yet the Senate Majority is rushing this process and jamming President Trumps nominee through the senate while people are actually voting. Just 22 days before the end of the election. More than 9 million americans have already voted and millions will vote. While this illegitimate process is underway, a clear majority of americans want whoever wins this election to fill the seat, and my republican colleagues note that, yet they are deliberately defying the will of the people in their attempt to roll back the rights and protections provided under the Affordable Care act. Lets remember, in 2017, President Trump and Congressional Republicans repeatedly tried to get rid of the Affordable Care act, but remember, people from all walks of life spoke out and demanded republicans stop trying to take away the American Peoples health care. Republicans finally realized that the Affordable Care act is too popular to repeal in congress, so now, they are trying to bypass the will of the voters and have the Supreme Court do their dirty work. President trump promised to only nominate judges who would get rid of the Affordable Care act. This administration with the support of Senate Republicans will be in front of the Supreme Court on november 10 to argue that the entire Affordable Care act should be struck down. That is 29 days. Big reason why Senate Republicans are rushing this process. They are trying to get a justice onto the court in time to ensure they can strip away the protections of the Affordable Care act. It will result, in millions of people losing access to health care at the worst possible time, in the middle of a pandemic. 23 million americans could lose their Health Insurance altogether. If they succeed, they will element and protections for 135 million americans with preexisting conditions like diabetes and asthma, Heart Disease, or cancer. List that includes 7 million americans who have contracted covid19. Insurance companies could deny you coverage or sell you a plan that wont pay a dime towards treating anything related to your preexisting condition. Isthe Affordable Care act struck down, you will have to once again pay for things like mammograms and cancer screenings and birth control. You will pay more for prescription drugs and young adults will be kicked off their parents plans. We need to be clear about how overturning the Affordable Care act will impact the people we all represent. Is 11ample, mica, who years old and lives in southern california. Scout enjoys being a girl and dating and reading and eating pasta and baking. Her mother says the only reason micah is able to live her life as she does now is because of the Affordable Care act guarantees that her Health Insurance cannot deny the coverage or limit her care because its too expensive. You see, micah has a congenital heart defect. She goes to multiple specialists throughout the year and gets an mri with anesthesia every six months. At just 11 months old, micahs family had already hit 50,000 in medical expenses and her biannual mri costs were 15,000 a session. By 11 months old, her family had hit 500,000 in medical expenses. If republicans succeed in striking down the Affordable Care act, Insurance Companies will be able to deny coverage for children with serious conditions. Children like micah. And parents, well, theyll be on their own. No one should face financial ruin to get their child, or their spouse, or their parent, the care they need. No family should be kept from seeing a doctor or getting treatment because an Insurance Company says that the treatment is too expensive. In america, access to healthcare should not be determined based on how much money you have, healthcare and access to healthcare should be a right. Micah and millions of others are protected by the Affordable Care act know this is fundamentally what is at stake with this Supreme Court nomination. Of course, theres more at stake. Throughout our history, americans have brought cases to the United States Supreme Court in our ongoing fight for civil rights, human rights and equal justice. Decisions like brown vs board of education, which opened up Educational Opportunities for black boys and girls, roe vs. Wade, which recognized a womans right to control her own body. Loving v. Virginia and obergefell v. Hodges, which recognized that love is love, and that Marriage Equality is the law of the land. The United States Supreme Court is often the last refuge for equal justice when our Constitutional Rights are being violated. Justice Ruth Bader Ginsburg devoted her life to fight for equal justice and she defended the constitution. She advocated for human rights and equality. She stood up for the rights of women. She protected workers. She fought for the rights of consumers against the big corporations. She supported lgbtq rights and she did so much more. But now, her legacy and the rights she fought so hard to protect are in jeopardy. 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. Every american must understand that with this nomination equal justice under law is at stake. Our Voting Rights are at stake, workers rights are at stake, Consumer Rights are at stake, the right to safe and legal abortion is at stake and Holding Corporations accountable is at stake, and again, theres so much more. So, mr. Chairman, i do believe this hearing is a clear attempt to jam through a Supreme Court nominee who will take healthcare away from millions of people during a deadly pandemic that has already killed more than 214,000 americans. I believe we must listen to our constituents and protect their access to healthcare and wait to confirm a new Supreme Court justice until after americans decide who they want in the white house. Thank you. Chairman graham thank you, senator harris. Senator kennedy. Senator kennedy you have a beautiful family judge. We claim you in louisiana. Were proud of the fact in louisiana that you were born in metairie, a suburb of new orleans, and were proud of the fact that you got a solid education at st. Marys dominican high school. Come back and visit us. I know your mom and dad still live there and were very proud of you and your career. This is a solemn occasion, as it should be. I cant think of another position, at least not a position that is for life, not a position in which the occupant is not elected by the people, that is more powerful, at least not in the western world, than an associate justice of the Supreme Court. This process is not supposed to be the big rock candy mountain, our job is to advise and consent. Thats one way of saying that were supposed to make sure that whatever president makes the nomination hasnt made a mistake, and we all, as you can see, take that job seriously, as you can see, and we know you respect that. Thats why i think over the next several days, its appropriate for us to talk about your intellect, which is obvious, by the way, and your temperament, your character and your judicial philosophy. I hope we can talk about something else. Thats the role of the federal judiciary in american life. Now, look, judge, im not naive. I understand this thing can turn sour real fast. We all watched the hearings for justice kavanaugh. It was a freak show. It looked like the cantina bar scene out of star wars. I know, for someone unaccustomed to it, that it hurts to be called a racist. I think its one of the worst things you can call an american. I know that it hurts to be called a white colonialist and i know it must hurt for someone of deep Christian Faith like yourself to be called a religious bigot, and to have it implied that because you are a devout christian, that youre somehow unfit for Public Service, before its over with, they may call you rosemarys baby for all i know. I hope not. And i know, as weve seen this morning, i know you think its unfair, it is unfair, for my colleagues to suggest some overtly, some more indirectly, that youre put on the United States Supreme Court, you will be on a mission from god to deny healthcare coverage for free preexisting conditions for every american. I know that seems preposterous to you, and it seems that way because it is. Take comfort in the fact that the American People, some of my colleagues disagree with this statement, they believe in government. I believe in people. The American People are not morons. They can see drivel when they see it and they can appreciate it when they see it for being what it is. Now, let me turn to what i hope, quickly, we can talk about today. Americans love democracy. Well even fight for it, and we have, and thats a wonderful thing. Its an important thing in todays world as this world becomes more authoritarian, and our founders but we dont have a pure democracy. As a columnist i read this morning said, when we have to decide a complex issue dealing with social norms or economic issues, we dont all put on a toga and go down to the forum and vote. We have elected representatives. Those are members of congress, and it is our elected representatives of first of the best representatives cause it is our elected representatives job to decide social and economic policy, and if we dont like what they do, theyre accountable, we vote them out. But in the last 50 years, certainly in the last 25, the United States congress, either voluntarily or involuntarily, has ceded a lot of its power to the executive branch and to the federal judicial. When i say the executive branch, im not necessarily talking about the president , im talking about the Administrative State. The bureaucracy as some call it. Its this giant rogue beast that enjoys power now, that only kings once enjoyed. Members of the Administrative State write their own laws, they interpret their own laws, they litigate their own laws in their own courts before judges that they oppose, and congress has allowed that to happen. I think congress has also abdicated a lot of power to the federal judiciary. I do. Im not sure saying that federal judges dont make law, of course they make law. , they make law in the context of a specific case, its called judicial precedent. But our founders intended federal judges to exercise judicial restraint and to understand the special role, scope and mission of the federal judiciary visavis the United States congress. I dont think our founders intended judges to be politicians in robes. I think our founders intended federal judges to tell us what the law is, not what the law to ght to be. I think our founders intended, as the chief justice put it, i think our founders intended federal judges to call balls and strikes. I dont think our founders intended for federal judges to be able to redraw the strike zone. I dont i think our founders intended for judges to be politicians in robes. Politicians, you dont want the United States Supreme Court to turn into this, trust me. Politicians get to vote their preferences under our democracy. Judges do not. Judges do not. And finally unlike some of my , colleagues, i dont think our founders intended the United States Supreme Court to become a mini congress. I dont think our founders intended members of the United States Supreme Court to try to rewrite our statutes, or the United States constitution every other thursday to prosecute a social or an economic agenda that they cant get out the best that they cant get that they cant get by the voters. That goes on in america every day. Weve reached the point where one single, solitary federal judge in a limited venue, can enjoin a federal statute or an executive order of the president of United States for the entire country. And our founders never intended that. I want to close with two very short quotations, the first stated much more eloquently than i can is Justice Curtis in 1857, you probably read it. He was dissenting in the dred scott case. This is what judge curtis said, when a strict interpretation of the constitution, according to the fixed rules which govern the interpretation of laws is abandoned, and the theoretical opinions of individuals are allowed to control its meaning , we have no longer a constitution. Were under the government of individual men, who for the time being, have power to declare what their constitution is, according to their own views of what it ought to mean. And finally, a more contemporary statement from a gentleman that youre very familiar with, justice scalia. He said it in realworld terms, this is what he said, the American People love democracy, and the American People are not fools. The American People know their value judgments are quite as good as those taught in any law school, maybe better. Value judgements after all should be voted on, not dictated. Thank you, mr. Chairman. Chairman Lindsey Graham thank you, senator kennedy. Senator blackburn. Senator blackburn thank you, mr. Chairman. Judge barrett, congratulations to you and to your family. Im delighted to see that they are back in the room and im thrilled that they are here with us today. You know, we have had 164 american citizens come before this committee for nomination to the Supreme Court, and today is the fifth time that we have had a female judge come before us. So we welcome you. I will say this, unfortunately, its neither rare nor remarkable to see the kind of performances my democratic colleagues have put on today. What theyre trying to do is to convince the American People that they should be terrified of judge Amy Coney Barrett. If you listen closely to their full statements it betrays their true intent. If you go back through the transcript, you are going to find not a coherent legal counter argument, but a panicked stump speech on behalf of their controversial platform. Rather than reviewing your judicial philosophies, theyre instead choosing to project their own desires and their fears onto the American People. It sounds as if they are trying to create a panic. They decided to drum up indignation over the fact that you dared to present a counter argument against the constitutionality of the Affordable Care act. Apparently, a difference of opinion between two brilliant jurists who often disagree is just too much for them. The rhetoric is unsettling, but after listening to them, i worry more about its underpinnings underpinnings, because my colleagues remarks have displayed their troubling belief that nothing but an activist judiciary will do for them. Given your track record, you would think that my colleagues would jump at the opportunity to support a successful female legal superstar, who is highly regarded by both her democratic and republican colleagues and who is a working mom. But as todays increasingly paternalistic, and frankly, disrespectful arguments have shown, if they had their way, only certain kinds of women would be allowed into this hearing room. On that note, not so long ago, in another hearing, they scrutinized your commitment to your catholic faith and tried to use that as a way to question your competency and your professionalism. They know that that is unconstitutional. The constitution forbids it. You are a brilliant jurist and a constitutional law expert, you will be an intellectual powerhouse on the Supreme Court, and you will steer the panels focus toward textualism and originalism as rightful guiding philosophies. I love Justice Scalias definition of textualism, textualism in its present form begins and ends with what the text says and fairly implies. He goes on to defend textualism and explains that this method can lead to both conservative and liberal outcomes. Similarly, originalism doesnt always lead a jurist down the path they would most like to follow, this method of interpretation holds that the meaning of a legal document, such as the constitution, remains fixed, even when applied over time to new questions. Staying true to these guidelines requires more study and patience than other methods that allow judges to reinvent the law or be activist when things get tricky. Since taking the bench, i appreciate that you have written over 100 opinions and have participated in over 900 appeals where you have applied this complex reasoning. Thank you for that. We know that you are a prolific scholar and author of over a dozen articles on the courts and the constitution. The aba has rated you as wellqualified to serve as a Supreme Court justice. I appreciate that many times youve probably done this with a child in your arms, on your hip, or somewhere in tow, maybe waiting for a ballgame to began. A ballgame to begin. You have done all of this as you have been a friend, a mentor, a wife and a mom. These are impressive qualifications by any standard. So it is no surprise that you are fielding attacks from other angles. Many of my colleagues have wasted a lot of their time complaining that the process in an effort to delay and obstruct a legitimate, constitutionallysound confirmation hearing. Lets not forget, it was the democrats who took an ax to process in 2018 when they dropped lastminute, unsubstantiated Sexual Assault allegations against justice kavanaugh. We still dont have the full story about their level and manner of coordination with activists and Mainstream Media outlets. But what we do know is that they turned that confirmation into a circus. And on that note, it is hard to take seriously their complaints about moving too quickly. Weve heard about the timeline for justice oconnor, 33 days, justice ginsburg, 43 days. And just a word on justice ginsburg, whose seat we are filling. She was indeed a role model for many because she fought to open more doors for women in the law and beyond, and i sincerely hope that i am as effective an advocate in the senate as she was on the court. We know from studying American History that women have had to always fight for a seat at the table. This goes back to Abigail Adams who urged her husband, john, to please remember the ladies in their fight for independence. And we know it took 150 years for women to get their right to vote, but the constitution allowed for that amendment process. Unfortunately, what we see today is that radical activists would like nothing more than to take a hatchet to process. Their favorite play is confronting the American People with the supposed illegitimacy of the constitution. They argue that our founders flaws and yes, they were flawed, all humans are, that the flaws invalidate the principles that bind this country together. This betrays a dangerously naive understanding of the point and purpose of our founding legal document. The timeless principles contained in that document were written to protect individual rights absolutely. These principles, of course, include the separation of powers , and federalism in our government, a system of checks and balances that prevents encroachments by one branch or another. If Congress Acts beyond the scope of its legislative authority, or the president grows too power hungry, the judiciary has the authority to reign that branch back in. And if the vast bureaucracy dares to overregulate states, then their citizens have the right to stand up and challenge that overreach as being beyond the scope of federal power. Together, the separation of powers and federalism have protected our republic from falling into the hands of tyrants. But keep in mind that the founders despised the tyranny of british rule just as much as they despised the whims of the mob. Flash forward to today, when american exceptionalism is under bitter attack from yet another mob, while most americans take pride in our heritage, a vocal minority finds fault at every turn. They demand to know, can we still call the constitution a relevant, valid source of law, even if no women or people of color participated in the drafting . Are the principles in that document still capable of curbing abuses of power and safeguarding freedom . Can we have faith that the future of democracy remains strong despite a summer of looting and violence in the streets . The answer to each is yes. Over the next few days, i expect that you, judge barrett, will explain why. So many families are watching today and were all going to be listening. Thank you for appearing before us. We look forward to your answers. Chairman graham thank you, senator blackburn. I have two letters id like to submit for the record. One from the architect of the capitol, showing that the room is cdc compliant. Well introduce that. And we do have the aba rating regarding judge barrett. Ill introduce it in the record, but its fairly short. So ill just read it if thats okay. The american bar associations Standing Committee on the federal judiciary has completed its evaluation of the professional qualifications of judge Amy Coney Barrett, who has been nominated by the president to be an associate justice of the Supreme Court of the United States. As you know, the Standing Committee confines its evaluation to the qualities of integrity, professional competence and judicial temperament. A substantial majority of the Standing Committee determined that judge barrett is wellqualified, and a minority is of the opinion that she is qualified to serve on the Supreme Court of the United States. The majority writing represents the Standing Committees official rating. Enter that into the record. Sen. Cassidy mr. Chairman . Chairman graham yes . Senator kennedy could you explain what cdc compliant means . Chairman graham it means that the room is set up, social distancing regarding the virus, that the architect of the capitol measured the space. As to me, i was tested a week ago, friday, i had brief contact with senator of the. Est senator lee i was negative. Ive been told by senator moynihan and a physician in south carolina. Theres no requirement to test me. I feel fine. My exposure is not such that i should be quarantined or tested. Anybody that wants to get tested, they can. And i made a decision to try to make the room as safe as possible, but to come to work. Millions of americans are going to work today, somebody may have tested positive in a restaurant, a military unit, a fire department, or police department. You make it as safe as possible, you manage the risk and you go to work. Im not going to be told to be tested by political opponents, im going to be tested as an individual when the cdc requires it. I think we can safely conduct this hearing. We have. And i think its off to a good start. So i do care about everybodys safety, but as a lot of americans out there, we have to go to work and you cant demand not to show up to work unless everybody you may come in contact with is tested, whether they need to or not. Were not going to do that here. Now we have a panel. Sen. Cassidy kennedy thank you, mr. Chairman. Chairman graham thank you, senator kennedy for that , question. We have three people, our two colleagues from indiana, senator todd young and senator mike braun. I know louisiana adopts our judge here, but she is living now in indiana. The third is professor patricia ohara, who id like to briefly introduce. Professor ohara is a professor at notre dame law school. She has served on the faculty for 40 years. She first arrived in notre dame in 1971 as a firstyear law student. She graduated summa cum laude, and first in her class in 1974. Described as the heart and soul of notre dame for over 40 years, by current notre dame law dean marcus cole, professor oharas career at notre dame was that of a trailblazer. She was the first woman to graduate first in her class from notre dame. The first woman appointed by the board of trustees to serve as an officer of the university, as Vice President for Student Affairs and the first woman to serve as dean of the law school. So with that, we will start with senator todd. I think all these individuals are remote. Senator todd. Senator todd well, thank you, chairman graham, Ranking Member feinstein, and members of the committee. Today, i join you in the shadow of Monument Circle in indianapolis, indiana. I am honored to appear before you to introduce judge Amy Coney Barrett, a remarkable hoosier who is to make her mark on our country. She truly is an american original. In 2017, when there was an opening on the us court of appeals for the seventh circuit, my office began looking for an extraordinary american who would uphold the rule of law. We received dozens of applications from many of the finest legal minds in the state of indiana. My staff and i began researching in earnest to learn everything we could about each candidate to determine who among them would make the best judge. And i interviewed the best of the best. One of those was a constitutional law professor from the university of notre dame by the name of Amy Coney Barrett. I first met with then professor barrett in the spring of 2017, and it was abundantly clear that she was a star, a brilliant legal scholar. She was and is held in the inhest regard by her peers the legal world. Her integrity and character are in peach of are unimpeachable. She is a model of collegiality and fairness, and simply she possessed all of the necessary qualities to be a great Appellate Court judge then, and to be a great Supreme Court justice now. Sen. Young my colleague, former senator joe donnelly and i, approved her nomination and a hearing was set. Unfortunately, some resorted to attacks on judge barretts religious convictions. I can tell you that, in indiana and much of the country, faith is viewed as an asset in the public servant, not a liability. As notre dame president father jenkins reminded us then, being a person of faith does not interfere with ones ability to apply the law. Thankfully, judge barretts qualifications outshone attacks and she was confirmed by a bipartisan majority to the u. S. Court of appeals for the seventh circuit. As a member of that court, judge barrett has proven that she is a rather brilliant jurist who interprets the constitution as written and carefully weighs the facts of a given case. She has heard more than 600 cases on the seventh circuit and authored nearly 100 opinions. And i should note she is the first woman from indiana ever to serve on that esteemed court. During that seventh circuit interview in 2017, it was obvious that judge barrett loved law and the constitution. Her love for her family, her husband jesse and their seven children, was also clear. If confirmed, judge barrett will be the fifth woman and the first mother of schoolaged children to serve as a Supreme Court justice. Being a parent does not qualify one to sit on the Supreme Court, but it does give us hoosiers yet another reason to be proud of Amy Coney Barrett and the trail she has blazed leading her to this moment. Education, faith, family, community, equal justice under the law, these are all values that midwesterners hold dear. Indeed, they are values that americans hold dear and they are all values embodied by judge barrett. Author kurt vonnegut, another american original from indiana, once said i do not know what it is about hoosiers, but wherever you go, there is always a hoosier doing something very important. Where Amy Coney Barrett has gone, she has always been doing something very important, from raising a family to educating the next generation of scholars to administering justice on the court of appeals. It is my hope that this body will confirm judge barrett in a bipartisan fashion so that we will soon find another hoosier doing something very important on the Supreme Court of the United States. Thank you, mr. Chairman. Sen. Graham thank you. Senator braun, if we are able to connect with him we are having technical problems. We are good . Senator braun. Can you hear me . Sen. Braun chairman graham . Sen. Graham yeah. Sen. Braun its an honor for me to join senator young and professor ohara. I am doing this for my hometown, jasper, indiana, at the city hall, literally, and we are on main street. We are from a place, town, state that represents a broad crosssection of our country. In 2013, Justice Antonin Scalia wrote that the federal judiciary is hardly a crosssection of americans. Today, its still easy to see what he meant. When confirmed, Amy Coney Barrett will become the only justice on the Supreme Court who spent the majority of her professional life in middle america, not on the east coast. When confirmed, she will be the only sitting justice to not receive her law degree from harvard or yale, yet her notre dame law credentials are also from a first rate university. When confirmed, she will be only the second current justice to join the court from west of the nations capital. When this vacancy arose, i was the first to voice my support for a nominee from the midwest because i believe we need more judges who understand those midwestern values to guide our lives, faith, family, community, and respect for the law. Amy Coney Barrett is that quintessential midwesterner, hardworking, generous, humble. She is a top flight law scholar who is just as comfortable at the saturday morning tailgate as she is in the ivory tower, a legal titan who drives a minivan. I immediately supported judge barretts nomination not only because she is a highly qualified jurist, but because she has proven both on and off the bench that she has respect for our country and the constitution to serve honorably. I would like to say a word about faith. Much will certainly be made in the coming days of judge barretts catholic faith and how she practices it. It is a faith that i and Many Americans share. Our founders anticipated this question and got it right. Liberals and conservatives alike are bound by the constitutions firm edict that no religious test should ever be required as a qualification to any office of public trust in the United States. I believe hostility toward judge barretts religious beliefs today could set a dangerous precedent of hostility toward other religious beliefs tomorrow. Judge barrett has been clear in her public life where she falls on the question of faith and the law. As she concluded in a 1998 essay, which we are sure to hear cherry picked over the next few weeks, judges cannot, nor should they try to align our legal system with the churchs moral teaching when they diverge. Faith is important to most americans and i agree faith should be a keyword in judge barretts confirmation, but i believe the most important question of faith should be, is she willing to faithfully interpret the constitution . Judge barretts record shows that she will. In 100 opinions written, she has proven she is a strong constitutional originalist who will not cut the American People out of their own government by treating the Supreme Court as a Third Chamber of congress. On the bench, her qualifications are beyond question. Off the bench, she exemplifies the generosity and character hoosiers are known for and she has lived a life rooted in those heartland values i mentioned before, faith, family, community, and respect for the law. Hoosiers should be proud to have Amy Coney Barrett serving and representing our state currently, and i believe she will make all americans proud as a justice of the Supreme Court. Thank you. Sen. Graham thank you, senator. Professor ohara. Professor . Is the professor with us . Professor, could you count to 10 please . Could you speak . If you can hear me. Professor ohara, if you could speak up. If you hear me, please speak up. Ok. She must be in the 3g part of indiana. [laughter] can lets see if we are in contact with her at all. Is it working . Professor, could you speak up please . You need to unmute your mic, i am told, professor ohara. How does she do that . [laughter] a quarter in it. I dont know. [laughter] you are not going to give us a quarter, i know that. Can she hear us . Well, i am afraid we have technical difficulties, and i guess what we will do now, if you can fix them in the next 30 seconds, let me know, if not, judge barrett, we will hear from you. Any progress with professor ohara . Ok. Judge, if you do not mind, you can take your mask off, please. Raise your right hand. Stand up, please. Do you solemnly swear that the testimony you are about to get this committee is the truth, the whole truth, and nothing but the truth, so help you god . Jude barrett i do. Welcome to the committee, to your family. The floor is yours, judge. Judge barrett senator graham, Ranking Member feinstein, and members of the committee, i am honored and humbled to appear before you today as a nominee for associate justice of the Supreme Court. I thank the president for entrusting me with this profound responsibility, as well as for the graciousness that he and the first lady have shown my family throughout this process. I thank senator young for introducing me as he did at my hearing to serve on the seventh circuit and i also thank senator braun for his support. While she could not be with us via satellite, i am also grateful to former dean ohara of the notre dame law school. She hired me as a professor nearly 20 years ago and she has been a mentor, colleague, and friend ever since. I thank the members of this committee and your other colleagues in the senate who have taken the time to meet with me since my nomination. It has been a privilege to meet you. As i said when i was nominated to serve as a justice, i am used to being in a group of nine, my family. Nothing is more important to me, and i am very proud to have them behind me. My husband jesse and i have been married for 21 years. He has been a selfless and wonderful partner every step of the way. I once asked my sister, why do you think marriage is hard . People are always saying that. I think its easy. She looked at me and said, well, maybe you should ask jesse if he agrees. I decided not to take her advice because i know i am far luckier in love than i deserve. Jesse and i are parents to seven wonderful children. Our oldest daughter, emma, is a sophomore in college who just might follow her parents into a career in the law. Next is vivian, who came to us from haiti. When vivian arrived, she was so weak that we were told she might never talk or walk normally, but now she deadlifts as much as the male athletes in our gym, and i can tell you she has no trouble talking. Tess is 16 and seems to have a math gene that skipped a generation. Johnpeter joined us shortly after the earthquake in haiti. Jesse, who brought him home, still describes the shock on his face as he got off the plane in wintertime chicago. Once that wore off, jp assumed the happygolucky attitude that is still his signature trait. Liam is smart, strong and kind, and still loves watching movies with mom and dad. 10yearold juliet is already pursuing her goal of becoming an author by writing multiple essays and short stories, one of which she recently submitted for publication. Our youngest, benjamin, is at home with friends. Benjamin has down syndrome and he is the unanimous favorite of the family. He was calling out our names as he saw the kids in the back. My own siblings are here, some in this hearing room and some nearby. They are my oldest and dearest friends. We have seen each other through the hard and happy parts of life and i am grateful they are here with me now. My parents are watching from their new orleans home. My father was a lawyer and my mother was a teacher, which explains why i became a law professor. More important, my parents modeled for me and my siblings a life of service, principles, faith, and love. I remember preparing for a gradeschool spelling bee against a boy in my class, and to boost my confidence, my dad sang, anything boys can do, girls can do better. I spelled my way to victory. I received similar encouragement at my high school in new orleans. When i went to college, it never occurred to me that anyone would consider girls less capable than boys. My freshman year, i took a literature class filled with upperclassman english majors. When i did my first presentation, which was on breakfast at tiffanys, i feared i had failed, but my professor took the time to talk to me and filled me with confidence about how well i had done and she became a mentor. When i graduated with my degree in english, she gave me truman capotes collected works as a gift. Although i considered graduate studies in english, i decided my passion for words was better for deciphering statutes than novels. The justices for whom i clerked, Laurence Silberman, gave me my first job in the law. He was by my side during my seventh circuit hearing. He swore me in at my investiture and he is cheering me on from his living room now. I also clerked for justice scalia. And like many law students, i felt like i knew the justice before i ever met him because i had read so many of his colorful, accessible opinions. More than the style of his writing, though, it was the content of Justice Scalias reasoning that shaped me. His judicial philosophy was straightforward. A judge must apply the law as it is written, not as he wishes it were. Sometimes that approach meant reaching results that he did not like, but as he put it in his best known opinion, that is what it means to say we have a government of laws, not of men. Justice scalia taught me more than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. As i embarked on my own legal career, i resolved to maintain that same perspective. There is a tendency in our profession to treat the process of law as allconsuming while losing sight of everything else, but that makes for a shallow and unfulfilling life. I worked hard as a lawyer and a professor. I owed that to my clients, my students, and to myself. But i never let the law define my identity or crowd out the rest of my life. A similar principle applies to the role of courts. Courts have a vital responsibility to the rule of law, which is critical to our free society, but courts are not designed to right every wrong in our public life. The policy decisions and value judgments of government must be made by the political branches, elected by and accountable to the people. The public should not expect courts to do so and courts should not try. That is the approach that i have strived to follow as a judge on the seventh circuit. In every case, i have carefully considered the arguments presented by the parties, discussed the issues with my colleagues on the court, and done my utmost to reach the results required by the law own preferences might be. I try to remain mindful that while my Court Decides thousands of cases a year, each case is the most important one to the litigants involved. After all, cases are not like statutes, which are often named for their authors. Cases are named for the parties who stand to gain and lose in the real world. When i write an opinion resolving a case, i read every word from the perspective of the losing party. I ask myself how i would view the decision if one of my children was in the party i was ruling against. That is the standard i set for myself in every case and it is the standard i will follow so long as i am a judge on any court. When the president offered me this nomination, i was deeply honored, but it was not a position i had sought out and i thought carefully before accepting. The confirmation process and the work of serving on the court if confirmed requires sacrifices, particularly for my family. I chose to accept the nomination because i believe deeply in the rule of law the place of the Supreme Court in our nation. I believe americans of all backgrounds deserve an independent Supreme Court that interprets our constitution and laws as they are written. I believe i can serve my country by playing that role. I come before this committee with humility about the responsibility that i have been asked to undertake, and with appreciation for those who have come before me. I was nine years old when Sandra Day Oconnor became the first woman to sit in this seat. She was a model of grace and dignity throughout her distinguished tenure on the court. When i was 21 years old, and just beginning my career, Ruth Bader Ginsburg sat in this seat. She told the committee what has become of me could only happen in america. I have been nominated to fill Justice Ginsburgs seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led. If confirmed, it would be the honor of a lifetime to serve alongside the chief justice and seven associate justices. I admire them all and would consider each a valued colleague. And i might bring a few new perspectives to the bench. I would be the first mother of schoolaged children to serve on the court. And i know it would make senators young and braun that i would be the first to join from the seventh circuit in 35 years. I would be the only sitting justice that did not attend harvard or yale, but i am confident notre dame could hold its own, and maybe i could even teach them a thing or two about football. As a final note, mr. Chairman, i would like to thank the americans from all walks of life who have reached out with messages of support. I believe in the power of prayer and it has been uplifting to hear that so many people are praying for me. I look forward to answering the committees questions over the coming days. And if i am fortunate enough to be confirmed, i pledge to faithfully and impartially discharge my duties to the American People as an associate justice of the Supreme Court. Thank you. Sen. Graham thank you very much, judge barrett. Lets try professor ohara. Any luck with her . Prof. Ohara i am here, chairman graham. Sen. Graham thank you. I apologize for the problem. The floor is yours. Prof. Ohara very kind of you. It is anticlimactic because you have already heard from the most important person from whom you need to hear. Very kind of you to take the time. I want to thank the distinguished members of the committee, senator young and senator braun for the opportunity to speak today. I first came to meet her when, as dean of the law school, we recruited her to the faculty in 2002. I was aware of her reputation as a law student, but i had not taught her. I can well remember that in the initial interview, i was not thinking so much of her as a notre dame alum, but as a candidate in whom many law schools would have an interest. After all, she was first in her class, executive editor of a law review, held two distinguished clerkships for Laurence Silberman and antonin scalia, and a fellowship at George Washington University Law school. So, from my standpoint as dean, in a market in which we compete for sterling candidates, Amy Coney Barrett was a i was responsible for creating an environment in which she could reach the maturation necessary to meet the demanding standards of promotion to tenure. It was the easiest task of my entire 10 years as dean. I watched her develop into an exceptional teacher and superb scholar. Watching her develop is a bit of a misnomer because in many ways judge barrett sprang fully grown from the academy. Our students then and now were her in awe for the power of her intellect and consummate professionalism. To read her student teaching evaluations is to read a thesaurus that only has superlatives in it. Known for over minded, nondirected discussion, respectful of difference. Our students strived to meet her demanding expectations because they did not want to disappoint her and appreciate her availability outside the classroom. At the same time that she was developing relationships with our students, she also produced an incredible portfolio of scholarship. Scholars around the academy hold her work in the highest regard. I can only tell you, without breaching the confidentiality of that process, her tenure case was as easy as one could be. Leading law reviews, chicago, leadingork appears in reviews, chicago, columbia, texas, to name a few. I was not surprised that in later years she was tapped for service on the Appellate Advisory Committee and elected to the prestigious american law institute. And in her three years as a judge on the seventh circuit, her opinions have been characterized by the same qualities as her scholarship, intellectual rigor, painstaking analysis, clarity of reasoning and writing. While accompanied by her deep commitment as a jurist to apply the law to the facts before her. Stellar as her professional accomplishments are, no introduction of professor barrett is complete without talking about her personal qualities. She is brilliant but humble, fair and impartial but empathetic, respectful of differences, a skilled listener, able to build consensus, generous, especially to those in need. If i had to describe her in a few words, i would tell you that Amy Coney Barrett is a woman who leads an integrated life of mind, heart, and soul, and that allows her to move so seamlessly between her professional responsibilities and family commitments. It humbles me now as it did 12 years ago that i am tasked with evaluating the professional qualifications of judge barrett in a university setting. Truth be told, she ran circles around me as a junior faculty number and in the intervening years she has left me in the dust. Nothing gives me more joy than to be able to say so, because this is a standard of excellence that we should demand for institutions of singular importance to us. I have only had two opportunities to communicate with this distinguished committee. The first was 10 years ago, when i wrote a strong letter of support for Justice Elena kagan, whose tenure as dean at Harvard Law School overlaps with my own tenure here. The second is today, endorsing Amy Coney Barrett in equally strong terms. There may be some who find those two recommendations in juxtaposition, but i find them entirely consistent. Over the course of my 40 years in the legal academy, i have been blessed with the opportunity to meet many Supreme Court justices. As to the justices i have met, while their philosophies may differ and their methodologies may differ, what they share is intellect, worth ethic, work ethic, listening skills, openness to persuasion, being fair and impartial, and commitment to apply the law to the facts of the case before them. They understand that their role as justices is to advance the rule of law, not personal preferences. They understand their solemn responsibility to preserve the court as an institution. The court a Single Institution that plays a singular role in our republic. I know firsthand from having worked closely with judge barrett for almost 20 years that she possesses all these qualifications in abundance and i trust that over the course of the next few days, with the opportunity to engage in dialogue with her, that you will come to the same conclusion and recommend her for confirmation as an associate justice to the Supreme Court of the United States. Thank you so much for giving me this opportunity. Sen. Graham thank you, professor ohara. Thank you, judge barrett. To your family, congratulations and welcome. We will have a couple long days ahead. Questions for the record will be due this friday at 8 00, which is Standard Practice for the committee. We begin tomorrow 30minute rounds followed by 20minute rounds. We have a couple long days ahead of us, so get some rest. We will be in recess until tomorrow at 9 00. If you missed any of todays Supreme Court, head to the website to hear the e hearing. Also on tomorrows washington journal, we will get your reaction to the confirmation process by ticking your phone calls and Text Messages. Wattage and journal washington journal is live everyday at 7 00 eastern. Following that, judge merrick takes questions from Committee Members will have up to 30 minutes each. That gets underway at 90 of easter on cspan. You can watch online at cspan. Org or listen live on the free cspan radio app. The u. S. Supreme court began its new term hearing oral arguments via conference call. Listen live at cspan. Org supremecourt. The consolidated cases of the llins, states v. Co followed by city of chicago v. Fulton. The justices here arguments in perez v. Madrid. Listen to the oral arguments live or ondemand at cspan. Org supremecourt. Cspans washington journal. Every day, we are taking your calls live on the air on the news of the day. We will discuss policy issues that impact you. Coming up tuesday morning, we will discuss the future of health care, including legal challenges the the Affordable Care act with julie robiner. Watch cspans washington journal live at 7 00 eastern tuesday morning. Be sure to join the discussion with your phone calls, facebook comments, Text Messages and tweets. The competition is on. Be a part of this years studentcam video competition. Middleton high school students, be the start of a National Conversation by making a six to five minute documentary explore the issue you want the president and congress to address. Be bold with your documentary. Show opposing and supporting points of view and include cspan video. There is 100,000 in total cash prizes, including a grand prize of 5,000. The deadline to cement videos is january 20, 2021. Be informed. You will find competition rules, tips and more information on how to get started at our website, studentcam. Org. You are watching cspan, your unfiltered view of government. Created by americas Cable Television company as a Public Service and brought to you today by your television provider. Of confirmation hearings for Supreme Court nominee judge Amy Coney Barrett which got underway before the senate Judiciary Committee. Committee chair Lindsey Graham and Ranking Member Dianne Feinstein started the hearing with opening statements. This portion of the hearing is just over 2. 5 hours. Good morning,