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

Do you solemnly swear the testimony youre about to get this committee is the truth, the whole truth, and nothing but the truth so help you god . I do. Committee, tothe your family. The floor is yours, judge. Ranking member feinstein and members of the committee, i am honored and humbled to appear before you today as the nominee for associate justice of the Supreme Court. I think the president for entrusting me with his profound responsibility this profound responsibility and the graciousness he and his family have shown me throughout the process. I think senator young for introducing me, as he did at my hearing, to serve on the seventh circuit and i also think senator braun for his support. Well she could not be with us via satellite i am also grateful to former dean patty 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 sense. I thank the members of this committee other colleagues in the senate who have taken 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 im used the being in a group of nine, my family. Nothing is more important to me, and im very proud to have them behind me. My husband and i have been married 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 it is easy. She looked at me and said, well, maybe you should ask jesse if he agrees . [laughter] i decided not to take her advice because i know i am far more love than i deserve. Jesse and i are parents to seven wonderful children. Our oldest daughter, is a sophomore in colleg our a, is adaughter, emm sophomore in college. Vivian is from haiti and when she arrived we were told she woul may never talk or walk normally. She now deadlifts more than the males in the gym and has no problem talking. Test shares are love for the tess shares a love for the liberal arts. John peter joined us shortly after the devastating earthquake in haiti. Home,ho brought him still describes the shock on jps face when he got off the plane in wintertime chicago. Once that shock wore off jp assumed the happygolucky attitude that is still his signature trait. Kindis smart, strong, and and to our delight, he 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 subeditor publication. Our youngest, benjamin, is at home with friends. He has down syndrome and is the unanimous favorite of the family. He was watching the hearing this morning and calling out our names as he saw the kids in the back. My own siblings are here. Some in the hearing room and some nearby. Eileen, and, michael are my oldest and dearest friends. We have seen each other through the happy and hard parts of life and im grateful they are with me now. Linda, are mike and watching from their home. My father was a lawyer and my mother was a teacher which explains why i became a law professor. Parentsortant my modeled for me and my six siblings a life of service, principal, faith, and love. I remember preparing for a great School Spelling bee against a boy in my class and to boost my confidence my dad saying, anything boys can do girls could do better. At least as i remember it i spilled my way to victory. I received similar encouragement from the devoted teachers at st. Marys dominican, my allgirls high school. When i went to college it never occurred to me 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 she filled me with confidence about how well i had done and she became a mentor. When i graduated with a 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 suited to deciphering statutes than novels. I was fortunate to have wonderful legal mentors. In particular, the judges for whom i clerked. The legendary judge Lawrence Silverman of the d. C. Circuit judge me my first job in the law and he continues to teach me today. 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 met him because i had read so many of his colorful, accessible opinions. More than the style of his writing 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 she wishes it were. Sometimes that approach meant reaching results that he did not like. But as he put it, in one of his bestknown opinions, that is what it means to say we have a government of law and not of men. Me morescalia taught than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. As i embark on my own legal career i resolve to maintain that same perspective. There is a tendency in our profession to treat the practice 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 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 court. Courts have a vital responsibility to the rule of law which is critical to a free society. But courts are not designed to solve every problem or 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 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 result required by the law, whatever my 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 those 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 or lose in the real world, often through liberty or livelihood. When i write an opinion resolving a case i read every word from the perspective of the losing party. Viewed myself how i would the decision if one of my children was the party i was ruling against. Even though i would not like the result what i understand the decision was fairly recent and grounded in law . Thats the standard i set for myself in every case. 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 thought out and i thought carefully before accepting. Process and the work of serving on the court if confirmed requires sacrifices, particularly from my family. Nominationaccept the because i believe deeply in the rule of law and 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 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 the seat. She was a model of grace and dignity throughout her distinguished tenure on the court. And i was 21 years old, just beginning my career, Ruth Bader Ginsburg sat in the 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. Grateful forever 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. I might bring a few new perspectives to the bench [no audio] i would be the only sitting justice who did not attend school at harvard or yale, but i am confident notre dame could hold its own and to be i could teach them a thing or two about football. As a final note, mr. Chairman, i would like to thank the Many Americans from all walks of life who have reached out with messages of support over the course of my nomination. I believe in the power of prayer and it has been uplifting to hear 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. Announcer Opening Statement from judge Amy Coney Barrett wrapping up the first day of her confirmation hearing. Date two starts tomorrow at 9 00 a. M. Eastern with senators asking questions for 30 minutes each. Wednesday, questions for 20 mitts each and 10 minutes. Thursday we will hear testimony from witnesses. 7 00 a. M. Ont washington journal we take your calls and comments on the hearing. Now back to the start of the hearing. [indistinct chatter] im going to take it off. Thank you. [laughter] banging] good morning, everybody. Judge barrett and family, welcome. The hearing to confirm judge amy barrett to the Supreme Court will now begin. I appreciate everyones aoperation and we will have hearing, hopefully, the country will learn more about judge merrick, learn more about the law, learn about the differences judge barrett, learn more about the law, learn more about the differences in the party. If that happens, it will be a successful hearing. As to the hearing room i doubt if theres any room in the country that has been given more attention and detail to make sure it is cdc compliant. The architect of the capitol working with the attending physician has set up the room in a fashion we can safely do our business. Senator lee is back and cleared by your physician. Welcome back. The covid problem in america reall and serious is and is serious. We have to mitigate the risk. Many of you are going to work today, probably already been at work, and i hope your employer will take care of your health care needs. But we do have a country that needs to move forward safely and there are millions of americans, cops, waitresses, nurses, you name it going to work today to do their job and we are going to work in the senate to do our job. One of the most important jobs the Senate Judiciary will ever do is have hearings and confirm a justice to the Supreme Court. Purposes, theng first today has traditionally been Opening Statements by my colleagues. We will do 10 minute rounds and everybody will have 10 minutes to talk about their views of the hearing and what this is all about. Panel towill have a introduce judge merrick barrett. Y to finish mid afternoon if that is possible. Tuesday and wednesday will be long days. There will be 30 minute rounds for every senator followed by a 20 minute round. My goal is to complete that wednesday at some reasonable hour in the evening. Thursday we will begin the markup and i intend to hold it over and bring the committee back on the 22nd to vote on the nomination. I will start off with an Opening Statement. And say why are we here . Number one, justice Ruth Bader Ginsburg died on september 18. What can you say about Justice Ginsburg . She was confirmed 963. Those or day that have since passed. I regret that. 963. This was a person who worked for the aclu, some who was known in progressive circles as a icon, apparently every republican voted for her. Her good friend on the court, Justice Scalia, got 97 votes. I dont know what happened between then and now. Justn all take blame, we want to remind everybody there like time with someone Ruth Bader Ginsburg was seen by almost everybody as qualified being on the Supreme Court, understanding she would have a different philosophy than many of the republicans who voted for her. 27 years on the court before becoming a member of the court. She was active litigator, pushing for more equal justice and better rights for women throughout the country. Her close friend, until his herh, Justice Scalia, calls the leading and very successful litigator on behalf of womens rights. Thurgood marshall the Thurgood Marshall of that cause. What high praise. Any more than that statement says. Appearing, the person for this committee is in the category of excellent, something the country should be proud of, and she will have a chance to make her case to be a worthy successor and to become the ninth member of the Supreme Court of the United States. 26, judge barrett was nominated by President Trump to the Supreme Court. Who is she . Theis a judge sitting on traditional circuit. She is highly respected. She was a professor at notre dame. Three years during that tenure, she was chosen by the students of being the best professor, which i am sure is no easy task at any college. She is widely admired for her integrity. ,he grew up in new orleans graduated from Rhodes College in memphis, tennessee in 1994, graduated summa can lottie and suma cumsukhum laude. She clerked for judge Lawrence Silverman on the u. S. Court of appeals for the d. C. Circuit judge and then for Justice Scalia on the Supreme Court. She practiced law in washington, d. C. She joined the faculty of notre dame in 2002. She has published numerous articles in prestigious journals, including the Columbia University of virginia and cornell law review. She has been a Circuit Court judge at the seventh circuit since 2017. She was confirmed to that position with a bipartisan vote. She has heard hundreds of cases in that capacity. She said, i clerked for Justice Scalia within 20 years ago, but the lessons i learned still resonate. His judicial philosophy is mine. A judge must supply the law as written. Judges are not policymakers and they must be resolute in setting aside any policy views they might hold. Statement, buter i think that is a good summary of who she is. Thats who amy barrett is in terms of the law. As far as amy barrett the individual, she and her husband have seven children, two adopted. So nine seems to be a good number. This is an Election Year. We are confirming the judge in an Election Year. What will happen is my democratic colleagues will say this has never been done and they are right in this regard. Confirmed in an Election Year past july. The bottom line is Justice Ginsburg when asked about this several years ago that a president serves four years not three. There is nothing unconstitutional about this process. His is a vacancy this is a tragedy of the loss of a great woman and we will fill the vacancy with another great woman. Dutyenate is doing its constitutionally. Garland, the opening that occurred with the passing of Justice Scalia was in the early part of an Election Year. The primary process had just started. And we can talk about history, but here is the history as i understand it. There has never been a situation where you had the president of one party and the senate of another with the nominee where the replacement was made in Election Years. It has been over 140 years ago. There have been 19 vacancies filled in an Election Year, 17 of the 19 confirmed to the court on the party of the president and senate are the same. Timing, the hearing is starting 16 days after nomination, more than half of all Supreme Court hearings have been held within 16 days of the announcement of the nominee. Stevens, 10, pollock, 13, blackman, 13. We are doing this constitutionally. Our democratic friends object to the process. I respect them all. They will have a chance to have their say, but most importantly, i hope we will know more about how the law works, checks and balances, what the Supreme Court is all about when this hearing is all over. Why hold this hearing . A lot of people on our say aside say just ram it through. I hear that a lot, so i dont listen to the radio much anymore. I think it is important. This is a lifetime appointment. I would like the world and the country to know more about judge merrick. Judge barrett. This is probably not about persuading each other unless something dramatic happens. All republicans will vote yes and all the democrats will vote no. That will be the way the breakout of the vote. The hearing is a chance for democrats to dig deep into her philosophy, appropriately asked her about the law, how she would is on hernt, what mind. It gives republicans a chance to do the same thing. Most importantly, it gives the American People the chance to georgia about george judge barrett. Is she as qualified as soda sotomayor andn kagan . I think so. They had a different philosophy than my own, but i never doubted one moment they were not qualified. I thought gorsuch and kavanaugh were qualified. Hassenate in the past looked at qualifications more than anything else. We are taking it we have taken a different path at times. Toms, alito, cavanaugh thomas, alito, cavanaugh. That, and ideserve dont think it makes this hearing any better. Believe,can people, i do not deserve a repeat of those episodes in the Senate Judiciary many history. , imy democratic colleagues respect you all. We have done some things together and had some fights in this committee. I have tried to give you the time you need to make your case, and you have every right in the world to make your case. I think i know how the vote is going to come out, but i think barrett is required to listen to your questions. Lets extent possible, make it respectful, challenging, lets remember the world is watching. Senator feinstein. Sen. Feinstein thanks very much. I want to address your last statement. We feel the same way and i believe we want this to be a very good hearing. I certainly will strive to do my best to achieve that. , andmorning, judge barrett welcome to you and your family. At less than one month ago, the nation lost one of our leading voices for equality, Ruth Bader Ginsburg. She left very big shoes to fill her judge ginsburg loved the law and she love this country shoes to fill. Judge ginsburg loved the law and she love this country. We the people of the United States in order to form a more perfect union, included all of the people, not just a few, elite few. She was a standard bearer for justice. Justice ginsburgs nomination was the first one that i participated in when i came to the senate. It was a real thrill to be part of that hearing for someone who shebroken down barriers staunchly believed in a womans right to full equality and autonomy. In filling judge ginsburgs , it is high for the American People in the short term and for decades to come. Most importantly, Health Care Coverage for millions of thiscans is at stake with nomination. Colleagues and i will focus on that subject. We will examine the consequences if, and it is a big if, if republicans succeed in rushing this nomination to the senate before the next president takes office. But most importantly, in just a , the Supreme Court vll hear hearings in texas california. , and act to strike down the aca. The president has promised to appoint justices who will vote to dismantle that law as a candidate, he criticized the precourt for upholding the law and said, and i quote, if i win the presidency, my judicial appointments will do the right robertslike bushs john. Obamacare the president said eliminating the Affordable Care act would be quote a big win for the usa. Judge barrett you have been critical of roberts opinion upholding the law saying that roberts push the four character beyond its possible meaning to , end quote. Tute ifs can melt mean that judge barrett is confirmed, americans stand to lose the benefits. I hope you will address that in the series. With130 million americans preexisting conditions like cancer, asthma, or even covid19. Ould be denied coverage this includes within 16. 8 million californians with preexisting conditions, and we are just one state. But i think you should know how we feel. Secondly, some 12 million working americans are covered through the acas Medicaid Expansion. If the act is struck down, they lose their health care. Third, more than 2 million americans under the age of 26 are covered by their Parents Health insurance, and they could lose that coverage. Fourth, insurers could charge higher premiums for women, simply because of their gender. In fifth, women could lose access to critical Preventive Services and maternity care, including cancer screenings and well women visits. The bottom line is this there have been 70 attempts to repeal effort, but clearly the to dismantle the law continues, and they are asking the Supreme Court to strike down the Affordable Care act. This, i believe, will calls tremendous harm because tremendous harm, consider people like Christina Garcia of my home state. At 860, christinas eyesight cap at age 60l at age 60, christinas eyesight started to fail. The cost of coverage when it was even offered to her averaged between one to 500 and 3000 a month, far more than she and her husband could afford. 2010, she was able to obtain coverage through the Affordable Care act. Within weeks she was able to have cataract surgery. This saved her life. She described her reaction when she was able to get coverage through the California Health exchange following passage of the aca. And let me quote, it was like heaven. I cried. After all these years of struggling to obtain coverage, i was able to get insurance through the california exchange, no questions asked about my preexisting conditions. The premium was worth 200 a month as compared to the 2500 to 3000 monthly Premium Payments i would have to pay before the aca if i can even get an insurer to offer me coverage. As she further explained, and i quote, people just dont understand what it was like, the incredible fear before the Affordable Care act. Ing to worry about being covering medical expenses and not being able to find affordable insurance. We cant afford to go back to those days when americans could be denied coverage or charged exorbitant amounts. Thats what is at stake for many of us for america with this nomination, and thats why the questions we will ask and the views hopefully that you will share with us are so important. Days from thet 22 election, mr. Chairman. States. S underway in 40 Senate Republicans are pressing forward, full speed ahead, to consolidate the court that will carry their policies forward with, i hope, some review for the will of the American People. President trump said last week that he had instructed my representatives to stop negotiation over a covid19 leave package until after the election. And to focus fulltime on arrett to thedge b Supreme Court. Died, senatescalia republicans refused to consider a replacement for his seat until after the election. At the time, senator mcconnell said the American People should have a voice in the selection of their next Supreme Court justice. 2018 ifed in october republicans intended to honor their own rule if an opening were to come up in 2020, chairman graham promised if an opening comes in the last year of President Trumps term in the primary process is started, would wait after the next election. Republicans should honor this word for their promise and let the American People be heard. Simply put, i believe we should not be moving forward on this nomination, not until the election has ended and the next president has taken office. Thank you, mr. Chairman. Sen. Graham senator grassley. Ginsburgsley justice delivered a eulogy for her friend, Justice Scalia. We wereinsburg said different, yes in our interpretation of written text, yet one in our reference for the the u. S. D its place in system of governance. Justice ginsburg life and legacy will be honored for a generation and also Justice Scalias . The senate is tasked with its most solemn duty under the constitution. As we go through this process, we should heed Justice Ginsburgs words with a shared reverence for the court and its place in our constitutional system. This idea of place in our system of government is critical. Hours is a government of separated powers, the power to make, enforce, and interpret law isnt centralized in one person or one branch of government. Thats not a mistake. Know what the American Revolution was all about and what the constitution is all about. Because people at that time were sick and tired of one person, george the third, restricting american colonies of freedom that englishspeaking people elsewhere exercised. Us,ustice scalia reminds the framers recognized the separation of powers as the absolutely central guaranteed of a just government, because without a secure structure of separated powers, our bill of rights would be worthless. Systems constitutional only succeeds if each branch respects its proper role. A good judge understands its not the courts place to rewrite fit. Aw as it sees its not his or her place to let policy, personal or moral principles take an outcome of a case. We are fortunate judge barretts clearly reflects the standard. She said a judge must apply the law as written. Judges are not policymakers and they must be resolute in setting aside any policy views that they might hold. Service reflects intellect and deep commitment to the rule of law. So we look to those who know her well. She has received praise across the Legal Profession and the ideological spectrum. Former colleagues at notre dame describe the judge as brilliant, industrious, gracious, and kind, and as a person of most integrity with an open mind and an even temperament that is prized in a judge. Also known as a generous mentor. And she is known for her humility, graciousness, and her ability, born of her credibility, to build consensus among differing views. Express awe with the power of judge barretts intellect and with her professionalism. Leaders of more than 200 liberties and supporting groups across the country say judge merrick possesses the judicial judge barrett possesses the judicial and institutions of government. State governors advisor saying she is devoted to her beauty, family, and faith like Many Americans. The wall street Journal Editorial Board says President Trumps nomination of Amy Coney Barrett for the Supreme Court is the highlight of his presidency. Made,ise kept, a promise a promise kept. Harvard law professor called judge barrett quote a principled , brilliant lawyer principal, brilliant lawyer, highly qualified to serve on the Supreme Court. Thats a pretty high praise. Moreover, judge barrett is a tireless mother of seven. For decades i have led efforts in the senate to improve foster care and promote adoption, so its a privilege for me to welcome a justice like that to the Supreme Court. To sum up judge barretts qualification and character are impeccable. Unfortunately, i suspect the minority will try to rustle up basis claims and scare tactics, as theyve done for decades, anything to derail the confirmation of a republican nominee. Lately, the left is buttoning to pack the Supreme Court in retaliation for this confirmation process. Even the democrats nominee for president and Vice President have not ruled out such latently partisan policy grabs such blatant policy grabs. The republicans are following the constitution and the precedent. It seems democrats would rather ignore both. The left is also suggesting judge barretts confirmation would demise of the fargo care act and protesting and protection from preexisting the Affordable Care act and protesting protection from preexisting conditions. Lets set the record straight. Thatfessor barrett the formal care act penalty was actually a tax. Democrats say her view is radical and a preview how she might vote on the court. Comments dealt with provisional law that is no longer in effect. So the legal question before the court this fall are entirely separate. Her criticism of roberts reasoning is mainstream, not only in the conservative legal community, but well beyond. Im the chairman of the finance committee and was Ranking Member when democrats unilaterally coddled together obamacare. I know a tax when i see one. This was never discussed in committee as a tax. Even the democrats, who forced it through congress, insisted it wasnt a tax. Wrote thatbin roberts tax argument was not a persuasive one. President obama even said i absolutely reject the notion that it was a tax. Further, democrats and their allies shouldnt claim to know how any judge would rule in any particular case. Just look at history. Left slammed stevens for his consistent opposition to womens rights. They called Anthony Kennedy sexist and a disaster for women. They said david souter would and freedom of women in this country. Ultimately, the left praised that they justices attacked. Their doomsday prediction failed to pan out. Democrats and their leftist allies have also shown there is no low that they wont stoop to in their crusade to tarnish a nominee. I saw it all as chairman of this vanaugh cameen ka up. Try to my colleagues may sisparage judge barrett religious affiliations. They suggested she was too catholic to be a judge. When senator asked others she considered herself in orthodox catholic. Another told her the dogma lives lightly and you and that is a concern. Let rate remind everyone that article one clearly prohibits let me remind everyone that article one clearly prohibits tax from serving in office. Judge, you will no doubt be asked how you will rule on questions and issues and whether the case was correctly decided. I expect that you will follow the example of Justice Ginsburg, and nominee should offer no forecast, no hints at how he or she will vote, because thats the role of a judge. Thats the place of a judge in our system of government, unbiased, fiercely independent, faithful to the rule of law, and a steadfast defender of the constitution. Judge barrett, i look forward to our conversation. Once again, congratulations. Sen. Graham thank you. Thank you. Certainly you can hear me all right . Sen. Graham yes, and we can see you. I think about the fact that i served in the senate for 46 years. 20ing that time we had nominations, 16 confirmation hearings, and i can tell you right now none was anything like this. Time ofn two weeks putting judge ginsburg laid to rest. It is true that it is the responsibility of this committee to consider her replacement on the Supreme Court, but this isnt the way we should do it. We should not have a nomination ceremony before Justice Ginsburg was even buried. Was mourningion her passing. We should not be holding a hearing just 16 days later, when this committee has afforded three times as long to get other nominees to the highest court. We shouldnt holding a hearing three weeks from a president ial election, when millions of americans have already voted. Doing so requires literally half the senate goes back on their word. My republican colleagues, nearly half had to break their word, statements made four years ago about the American People needing a voice during electionyear vacancies. We should not be holding this hearing. Two members of this Committee Just now emerging from quarantine after testing. Ositive for covid others have declined to get tested and the chairman has to keepto keep a regime judge barrett and her family safe. We shouldnt spending time on this when we are doing absolutely nothing to pass a muchneeded covid bill. Pray for their commitments. Covid. Than 200,000 have died due to covid. Senate republicans have nothing to say about that. The senate is wearing blinders to the growing realities acing americans. Instead of talking about covid and doing something for the American People, to a Supreme Court vacancy on the people of a president ial election. And why . It is painfully clear. President trump and Senate Republicans see the potential to radically swing the balance of the court. Ability toat the take the court from being inndent to making them the Republican Party. What they failed to accomplish, votes in the halls of congress. The top of the hit list is the Affordable Care act. It is no secret or coincidence that republicans are rushing to confirm judge barrett before the Supreme Court considers the latest republican led lawsuit onr the formal care act november 10. The president has promised any judge he nominates overturn the formal care act. One has promised you wont vote for a judge unless he has that one has promised he wont vote for a judge unless he has that promise. Judge barrett made it unequivocally clear she considers the act unconstitutional. In fact, overturning the Affordable Care act has been the single most important policy objective of the Republican Party during the past decade. If republicans are successful, the results will be nothing short of catastrophic for the millions of americans who depend upon the coverage. These are real people. I believe you have in the committee and you can actually , this is mary scott. She lives in vermont. 20s, mary was diagnosed with a rare neurological disease. , and i apologize, i know you have this picture in the committee room. Nurse. Ked as a she would no longer be able to career she loved and she asked them to rotate her through different areas so she could help as many people as she could. Now she is a wheelchair and can no longer practice nursing. She does everything she can to take care of her two children. I had the pleasure of calling one of her sons on his birthday last spring. She helps in their remote school. This because her medication and home care is paid for by her insurance. But she is worried. Even with some state protections, she is worried that the Supreme Courts kate next month and what it will mean for people Supreme Courts decision next month and what it will mean for people with preexisting conditions. She is worried she will lose her inhome support. She is a fighter. What i think when i think about with the Affordable Care act means to millions of americans and what is online for this nomination, i think of mary. I think of what she is going to lose. And she is not the only one. I talked to vermonters all the time. Think of another one, arthur richards. She is an amazing, amazing martha richards. She has an amazing, amazing woman. She reached out to my office concerned about the fate of the Medicaid Expansion under the Affordable Care act. Earns just over the minimum wage in vermont. She works for the vermont state parks and has raised two kids on her own. Just look at this person. She began experience experiencing debilitating pain in her hair behind her i. It led to extensive tests, including two m. R. I. s that eye. D cost behind her it led to expensive tests, including two m. R. I. s that would cost 6,000. The attorneys general have suggested a hearing before the Supreme Court. People like martha would have known. I dont suggest that judge barrett wants to devastate the lives of these two vermonters, but these are the consequences if her stated views on the law prevail in the Supreme Court and if republicans are successful in filling this vacancy prior to november 10. These views will almost certainly prevail. That is what is at stake here. That is what ways heavily on mary in the minds of the vermonters i represent. I have heard from them often and Justice Scalia is passing. They are scared your confirmation would rip away their Health Care Protections for millions of americans and for which commerce has repeatedly rejected limiting. They are scared that the court will be turned back to a time when women had no right to control their own bodies and where it was acceptable to discriminate against women in the workplace. They are scared that a time when we are facing the perilous impacts of climate change. They are scared that your confirmation would result in the rolling back of the Voting Rights, workers rights, and the rights of the lgbtq community. These arent just thoughts. These are reallife implications and decisions made by the court. Majority dont support taking our country in that direction. Just one hour after her death and the process has been nothing but shameful. Will almost certainly lead to disastrous consequences for americans. Ginsburg, i am certain, would have dissented. , on behalf of vermonters and the integrity of the senate and on behalf of the georgie of americans who oppose this process. Thank you. Sen. Graham thank you. You, welcome to you and your family. The Senate Judiciary committee undertakes no more important duty than the one we undertake today, considering the nomination for a seat on the United States Supreme Court. As the chairman said, these used to be routine. Even the two justices who were once considered the ideological book ends on the Court Received overwhelming support in the senate. The two justices had a different judicial philosophy, were nominated by president s of opposing parties, the senate used to recognize that exceptional qualifications were all that was required for a seat on the court. Throughout your impressive career, you have earned the respect of those who share your views on the law as well as those who do not. As Justice Ginsburg said of her unlikely friendship with Justice Scalia, you can disagree without being disagreeable. But i dont want to imply that you disagree frequently. In fact, during your time on the seventh circuit, you cited with your that she cited with their colleagues 75 of the time you sided with your colleagues 75 of the time. Letters pouring in from your colleagues, clerks, students, virtually everybody with whom you have come in contact. Folks with widely freight judicial philosophies agree that you are brilliant, respectful, kind, and when you disagree, you do so without personal rancor or malice. While your qualifications and reputation are on par with those justices who have sat in the seat before you, the Political Climate in which you are being vetted is quite different, as we all know. What are colleagues on the others of the aisle put Justice Kavanaugh through two years ago was an absolute disgrace. And hopefully a low point for the senate. They and some of their allies sought to destroy the personal character of a good man with innuendo, misinformation, and outright lies. I hope they resist the temptation to repeat that during this hearing. I do remain concerned about some of the early attacks on your faith. In a recent wall street journal column the wisconsin Supreme Court justice wrote, to put it bluntly, americas secular cultural elites sure that a faithful christian can be entrusted with the law. A former senior aide to former majority leader harry reid recently said the groups want blood. Democrats on and off the. Ommittee want a real fight but let me be clear, judge, as you know, there is no religious test to serve on the Supreme Court. Why . Because the constitution says so and i can only hope the civility you shown through a work will be afforded to you through these proceedings. But, judge, theres a question that comes up in my discussions with my constituents thats really more basic and more personal. They want to know how you do it. How do you and your husband managed to fulltime professional careers and at the same time take care of your large family . Ill bet there are many young women, like my own two daughters, who marveled at the balance that youve achieved between your personal and professional life. Important, iry and also look forward to revisiting the appropriate role of judges and our Constitutional Republic, something there appears to be some dispute about here. You and i know that judges should not be policymakers. But could it be that one of the reasons these confirmation hearings have become so contentious is become some americans have given up on the idea of fair and impartial judges do not winners and losers , that theyve given up on an independent judiciary. I hope not. Judges should not be super legislators give political allies wins they could not secure through the rough and tumble of the political process. Our founders, through the constitution, provided judges would be independent of political pressure. Chief Justice Roberts reminded all of us recently that we do not have obama judges or trump judges, bush judges, or clinton judges. Ideally, that is true. Youve said judges constrain themselves by making the choice to follow the law where it leads, trying to check their own preferences at every turn. In the end, a judges internal compass and commitment to the law is the most important constraint upon any sort of judicial willfulness. But youre being asked to abandon that, judge. You stand accused of intending to violate your oath for you even take it. Further, our democratic colleagues want you to guarantee a result in a case as a quid pro quo for your confirmation. Its outrageous. Well, theyve said that if this confirmation proceeds, they intend to pack the court with more justices who will turn the Supreme Court into a second legislative body. We heard what Justice Ginsburg had to say about that. That would be a terrible mistake. Judge barrett, i am confident at the end of this hearing your stellar character, credentials, and body of work as a judge will demonstrate that you understand the limited but Important Role of the judiciary under our constitution. Im confident you will demonstrate that you will faithfully and fairly interpret the text of the law and the constitution and dutifully apply them to the disputes that come before you. Im confident that at the end of this process, you will be confirmed to the United States Supreme Court. Thank you, mr. Chairman. Judge barrett, and your family, welcome. In the throes of a devastating pandemic, with over 216,000 americans dead and over 7. 7 million infected with this virus. Each day we are reminded of how this invisible virus has changed our lives and changed america. In sight we no end face an economy and crisis with millions of jobs lost and challenges facing workers, businesses, and families all across america. And we are in the middle of an election season, millions of americans have already cast their votes. This may be one of the consequential elections in our nations history, because for the first time in the history of the United States, and incumbent president refuses to commit to a peaceful transition of power if he loses the election. This resident come in his vanity and constitutional recklessness, refuses to commit to accept the president , and his vanity and constitutional recklessness, refuses to commit to the will of the American People. Justice ginsburg spent her entire life and every ounce of strength and talent she was given in pursuit of americas highest ideal, equal justice under the law. Her absence is deeply felt. This is the context in which the Senate Majority republicans are defined the traditions of the senate and rushing forward with President Trumps third nomination to the Supreme Court. It has been recounted earlier that Justice Ginsburg was approved by the senate by a 963 vote. Thinking,of liberal advocate for the aclu, 96three before the United States senate. And then Antonin Scalia a on the opposite polar end of the spectrum, approved 980. Amazing. Can this be the same senate . Its not. The reason those votes were so overwhelming was because people lived by the rules, they lived by the traditions of the senate, and they had Mutual Respect for one another. Processnow that this does not adhere to those guidelines. Pursuit before us today is unfair to the senate and unfair to the nominee. The nominee before us was announced 16 days ago, the day after Justice Ginsberg lay in state in the United States capital. We received the nomination paperwork 13 days ago and have learned since then that some materials are missing. The speed with which republicans are moving to fill this vacancy stands in sharp contrast to the approach taken by the same Senate Republicans the last time there was a vacancy in an Election Year, in 2016. Ehind me is the mcconnell rule on february 13, 2016 when Justice Scalia died he said, the American People should have a voice in the selection there Supreme Court justice. Therefore, this vacancy should not be filled until we have a a newent area president. This was made to 69 days before the selection. The republican members fell obediently behind mcconnells statement of principle. They sent a letter, this committee will not hearings on any Supreme Court nominee until after our next president is sworn in. The letter noted that the election is well underway, that was 269 days before the election, and said it was one of a necessity to protect the will of the American People. Yet when Justice Ginsburg passed away on september 18, senator mcconnell said that very same night, and i quote, as it trumps nominee will receive a vote on the floor of the United States senate. He made this 46 days before the election. People had already again casting votes. My republican colleagues marched in for the cameras, looked down at their shoes, dutifully reversed their positions, and lined up obediently behind their leader. If the American People do get an election your voice regarding a vacancy on the Supreme Court or they dont. In 2016, mcconnell said give them a voice and now he says you dont give them a voice. It is a shameless reversal. Why are Senate Republican so afraid to give the American People a voice about the future of the Supreme Court . First must out that donald trump will be reelected. Second, they want a 63 court to carry we know november 3 is election day. The president has made it clear he wants another one of his appointees on the court before the election because he anticipates challenges of the vote. Especially over mailin ballot inc. Which she mailin balloting which he has attacked. The president has indicated he would be happy to have a close election decided by the Supreme Court rather than by the votes of the American People. The other date is november 10. We know that date well. That is the date the Supreme Court hears oral arguments in california versus texas, a case in which the administration is urging the court to strike down the entire Affordable Care act including protections for millions of americans with preexisting conditions. It is unimaginable in the middle of a pandemic the republicans want to strike down a law that 23 million americans rely on for their Health Insurance and millions more for the protections given to the writing of future policies. On september 27 the president the treated he wants to see aca terminated. To be honest about this, this ansident has never suffered unuttered thoughts. It clear that he wants this Supreme Court to eliminate the Affordable Care act. This is his litmus test. How many times have we heard it, his criticism of chief Justice Roberts for failing to strike down obama care . When he was running for president , he tweeted that if i win my appointments do the right thing unlike john roberts. Think what it would mean if the republicans when their wish. All of the people would lose. Heir coverage republicans in congress have been obsessed with repealing obama care, but they do not have the votes to do it. They could not get it done in the house. They could not get it done in the Senate Thanks to three brave republicans and now they have to rely on the court to do their work. The record. Re on he wrote an article in which you chiefized the case where Justice Roberts was the deciding vote. Now your nomination is moving forward at unprecedented speed. What is at stake . I will show you. This is kenny murray from illinois, and his family. I met his family in my office. Sue. Is a picture of 2 they told me their son was diagnosed with multiple heart defects. Before his first birthday kenny surgeriesenheart outside chicago. He had surgery for the third four months aths his young life he was staying in the intensive care unit and his health bills had reached 1 million. When he was born in 2013 his Health Insurance through his dad of 1lifetime maximum cap million. The aca band Insurance Companies from imposing these annual limits. Int band went into place january of 2014, 6 days before his first surgery. If it were not for the aca, he limitve hit his lifetime in just four months. They told me they would have and bankrupt. Because of the Affordable Care act, kenny was able to get the care he needed. , wouldnt youure want him on your team . I would. Kenny is a real person whose life depends on the Affordable Care act. Judge, your nomination for lifetime appointment comes before us under a cloud you have been nominated by a president who shows contempt for the constitution but doesnt hesitate to tell his followers that you are being sent to the bench to do his political chores, abolish the aca, rule in his favor on any election contest and more. We cannot feel good about this president cheapening this moment. The future of the aca and so many other issues hang in the balance. Environmental protection, gun safety, marriage equality, dreamers, these are at stake. If we wait a few more days we will know what the American People have to say. En. Graham thank you , mr. Chairman. Judge barrett, you and i have a number of things in common. We were raised in large families, and we are both one in seven children. You are the oldest of seven children which means that long before you had your own seven children you are also the de facto mother too many, the way things work in large families such that the oldest child often takes on responsibilities at an early age. Those have undoubtedly helped you throughout life with leadership roles in your career as a lawyer and a professor and now as a judge. Those roles mean Something Different in the Traditional Branch of government than they do in the executive branch or in the legislative branch. We have heard a number of arguments that are essentially policy arguments, many geared towards policies, actual pieces of legislation. We have to remember we have three branches of government within our system we have two that are political, legislative, where we work, and the executive headed by the president or the laws are implemented and enforced. Of course the Judicial Branch where you work where the laws are interpreted or people come to disagreement as to their meaning. The branches are referred to sometimes as equal. I think the best description is that they are coordinate ranches. They each exist within their own sphere. They are not equal in the sense the least Dangerous Branch was, is, always has been and always will be the Judicial Branch for cannot decide where we are going to go today or tomorrow. The judiciary is confined to those cases and controversies brought before your jurisdiction. Future, not into the but in the past. Your job is to decide what the. Aw says when people disagree those laws consist of words and particular had a manning on the day of their incorporation into the constitution, and that is your job. If you are watching the hearing today, some of the statements , in i some of my colleagues fact if you look at any of the posters put up, you would think this was a political discussion, a policy discussion, a legislative discussion. You are being reviewed for a position on our nations highest court where you will be asked to decide cases based on the law and the facts. This is not something that should result or should be considered by us, something that requires us to examine to what extent in what way you have compassion for in the of the individuals in these photos. Just based on might limited and are action with you i am certain that you have compassion for all. This is not the question nor is it the question before us, whether you would agree or disagree as to any policy embedded within any particular statute. You understand this is not your job, not as a judge on the u. S. Court of appeals nor would it be if you were to confirm to be confirmed as an associate justice to the United States Supreme Court. One might have the impression from watching these proceedings so far that the Supreme Court is , remarkably bitter, cynical overwhelmingly partisan place. It is not. We have both clerked at the Supreme Court and we know that you look at the numbers, and he will see something remarkable. Despite the flaws and despite the fact it sometimes makes , the Supreme Court of the United States sits atop something that is the envy of systemld, a judicial that despite the fact it is run by human beings and therefore is imperfect, it is the best judicial system ever existing on planet earth. One of the ways in which this has manifested, if you look at the members of the Supreme Court and the fact they come from different backgrounds, appointed by different president s, to the extent that some have indicated what their political leanings might be, they indicate they come from different backgrounds as well. Yet the most common configuration of a Supreme Court decision is not 54, not even 63. Fact 81, 72, or 90 make up the vast majority. This is remarkable and you consider the fact that the Supreme Court typically takes up only those cases as to which lord courts have been unable to reach agreement, when interpreting the same provisions of federal law, federal statute, or a provision of the constitution. Lower courts, very smart man and no one very smart men and women have been unable to reach the same conclusion as to the meaning of the same group of words. Then and only then the Supreme Court takes up those cases, and yet they overwhelmingly decides those cases either unanimously or near unanimously. Without these divisions, that would make one think that that is the breadandbutter of this work. When it does arise, it is not even always involving a hot button issue most of the docket does not even consist of the hot button issues. A lot consists of stuff that i the fascinating like dormant comet cause, but american does not wonder about that . Case thate kind of comes before the Supreme Court and might be decided on a 54 basis, but not necessarily along the lines that one would predict based on the appointment of each justice and the Political Party of each appointing president. Decisions that are politically charged and that americans worry about more than others, that might affect more americans than a decision about context ofsal in the the dormant Commerce Clause. Also, there we cannot overstate or overplay the role the supreme in thatght exert context. In those circumstances, when the Supreme Court rules that something has been done that is not constitutional, that does not mean that is the end of the policy road. Sometimes it might mean the wrong government enacted. Sometimes it might mean the federal government enacted when a state should have. Other times it might mean the wrong branch of government acted. Other times it might mean that they went about it the wrong way. There is nearly always another way around a particular policy concern, whether we are talking about health care, privacy and individual liberty, each person serving anywhere in our government has the obligation to look out for the best interests of those they represent. Each person serving as an officer of the United States government is required under the consultation to take an oath to defend the constitution of the United States. The constitution, this document written merely to an half centuries ago, has helped foster the development of the greatest civilization the world has ever known, and it is not just a judicial thing. Best when and works everyone of us reads it and understands it and takes and honors an oath to uphold and protect it and defend it. When we do our jobs in this branch, when our friends in the executive branch do their jobs, it requires us to follow the constitution the same way. Fear tactics of creating and doubt, that result in outside ofprotests the one branch of government that is not political, astound me but they disappoint me and they reflect the fact that we have allowed for the politicization of the one branch of the government that is not political. We can turn that around. We ourselves within the legislative branch have got to do a better job by focusing on the fact that the constitution is not just a judicial thing. It is also a legislative thing, and executive thing, an american thing. It is one of the reasons i will anytime tries to attribute to you a policy. Osition and hold you to that you are not a policymaker. You are a judge. That is what we are here to discuss. Thank you. Sen. Graham some good news. Dormantusiasm for the Commerce Clause convinces me he made a full recovery. Senator whitehouse. Barrett,an, judge america is worried about one thing above altright now, and that is our health. Microcosm ofis a the dangerous ineptitude of pandemic,th the covid trump cannot even keep the white house safe. It is the chairmans job to see to the committee safety, and though his words were reassuring, i do not know who has been tested, who should be danger, whats a Contact Tracing has been done on infected and exposed senators and staff. Nothing. The whole thing, just like trump, is an irresponsible botch. Slapdash is that this hearing targets the Affordable Care act. This Supreme Court nominee has signaled in the judicial equivalent of all caps that she believes the aca must go and preside president cedent does not matter. Rushnfluences behind this see this nominee as a judicial torpedo they are firing at the aca. I hope republicans consider what is at stake for the many people who depend right now in this pandemic on aca health coverage. Rhode islanders are calling in writing me either thousands asking me to say no to this nominee mostly because they see aimed a judicial torpedo at their essential protections. My constituents want my colleagues to stand up to it for once and to the big donors driving this process and for the sake of regular people say stop. Heres one person to consider, laura from rhode island. Her brother saved her life when he donated one of his kidneys to her. Battled wass laura a preexisting condition protected under the aca just like covid is now a preexisting condition for nearly 8 million americans. Laurette tells me without the aca, for people with preexisting conditions, cremeans, if unable to get insurance at all, would be financially out of reach for me and i would not be able to afford the health monitoring, specialists and treatment that are essential for my kidney to function. My medications alone cost about 48,000 annually. Before the aca people like me wouldence times when they come up against a wall, not in treatment that in the annual or lifetime caps on coverage insurers were allowed. I cannot imagine what this would mean for me. Bankruptcy or worse. Laura is not alone. We are in the middle of a Deadly Health crisis that trump has botched which tested touches nearly everyone. Americans are dying by the hundreds of thousands. Millionomy is down 10 jobs despite all of the warnings , and people on the front line, health care workers, teachers, police officers, others still struggle for the resources they need. More and more Small Businesses are closing for good. Any hospitals teeter on the edge of insolvency. Facesand features challenges brought on by this. Since may the house has passed two covid relief bills. Mitch mcconnell and the Senate Republicans will not budge, no urgency he said. After we learned of Justice Ginsburgs death mcconnell signaled he would fill the vacancy. The white house chose a replacement three days later. Justice ginsburg had not been buried when the president and Senate Republicans celebrated judge barretts nomination. 180 for a hypocritical many republicans. When they locked Merrick Garland we heard nonstop about the importance of the election, nonstop that you should not have a nominee appointed to the court after the primary season had begun. Now with americans voting right now and the general election, we get this mad rush. Why . Look at the calendar. Exactly one week after the election on november 10 the Supreme Court will hear california versus texas, the challenge to the aca. It survived the last challenge by one vote. If the new challenge succeeds, the case will tear out the aca, the law on which over 20 million americans rely for help insurance. Getr which 129 million preexisting conditions covered and under which millions of seniors enjoy lower drug costs. Aca nominee signals on the are clear, clear enough to move her to the top of the big donors list. Three years ago she wrote that Justice Roberts pushed the aca got its possible meaning to save the statute. Clear signals that are likely why she is before this committee now. , with storiesra like hers coming in, why would we rush forward . The answer is not pretty. There is a promise to big donors. When david coke ran for Vice President he campaigned on getting rid of medicare and medicaid. Imagine his fury when obamacare passed it his groups are spending millions on this nomination. Republicans in congress try to repeal the aca more than 70 times. It is in the Republican Party for justices to reverse the aca decision. Trump has said this is his reason, and now we are in this rush to meet the november 10 argument deadline and colleagues pretend this is not about the aca. Right. This case leads to one senators doorstep and a political article yesterday the senior senator from texas tried to say this rush is not targeting the aca. Look at the record, the district judge in texas who struck down the aca now headed for the court is a former a to the senator who has become what the texas. Ribune called the favorite the scene in her the senior senator texas introduce the judge who wrote the decision on appeal striking down the aca. A brief after brave arguing for striking down the aca. He led a failed senate charge. He said i have introduced and cosponsored 27 bills to repeal , and now obamacare talking about socialized medicine, the old republican battle cry against medicare, the senator and his colleagues are pushing to get this nominee on by november 10. Please do not tell us this is not about the Affordable Care act. When texans lose their aca Health Care Protections, hop to see whos doorstep that sits on. Lost in this rush is the legacy of Ruth Bader Ginsburg. Let me remember her for a minute and this charade. She fought for equality and equity and dignity and forged a path for women in law, from Harvard Law School to the pinnacle of academia and onto the Supreme Court where she defended reproductive rights. The rights of workers, voting immigrants rights of and countenance countless other freedoms. She bent the ark of the moral universe towards justice for all, how fitting that she should be the first woman to lie in state in our capital. As to this charade, big donors may love it. Americans see what is going on. They see this hasty power grab and they know what it means for the health care in the middle of a pandemic. For republicans there is no washing hands of responsibility for the results that your president has told us will ensue. Thank you, mr. Chairman. Sen. Graham thank you. Senator cruz is with us virtually. Thank you good morning. Welcome. Some observations about what we have heard this morning. At the beginning, let me observe as Sherlock Holmes famously the one speaks the loudest is the one that did not bark. Which is today for every democrat who has spoken, we have heard not a single word about judge barrett. We have heard a lot of attacks in the president. We understand our democrats are not supporters of the president. We have heard a lot of rhetoric. We just heard the senator from rhode island directing some attacks at the senator from texas. I understand there is an election in a few weeks so those attacks are not surprising. We have heard little about the nominee who is here. I think part of the reason is that on any measure, her. Redentials are impeccable this is a woman who graduated number one in her class at notre dame law school. Say thatenture to there is not a Single Member of this committee who graduated number one in their class of law school. Perhaps my colleague mike lee can disagree, but that is impressive. Clerkbarrett went on to for Justice Scalia, one of the greatest ever to serve on the Supreme Court. Fromard celebration senator lakey about the fact that he was confirmed 980. Then she became a law professor for two decades at notre dame , whereool, teaching law she was respected and she was a careful scholar. And now she is one of the most respected federal court of appeals judges in the country. None of the discussions from our democratic colleagues addressed that. Areuse those credentials impeccable and indeed the american bar association, which typically means hard left and has a pattern of favoring democratic nominees over nominees appointed by republican butidents, had no choice conclude that she was well qualified as a majority of the board did. Qualifications are sherkable, and i believe will serve as an excellent Supreme Court justice. So what have the democratic friends focusing on . One thing is history, and they claimed the fact that this nomination is occurring at all is illegitimate. It does not matter who judge barrett is, what she has done, the timingcord is, our friendsation tell us makes it illegitimate. , it doesr the history not accurately reflect what the senate has done over two centuries. This question of what happens when there is a Supreme Court vacancy during a president ial Election Year, 2020 is not the first time america has faced that. That question. Ed bac indeed, in our country posing history, the question has come up 29 times. 29 times president s have faced those same circumstances, and 29 times, the president has purporting nomination to fill that seat. Matter ifes, does not it is republican or democrat, each time, you make a nomination. Of the 44 president s, half of them, 22 of the president s we have had, have made a nomination for a vacancy that occurred on an Election Year. What has the senate done . The Senate President is quite clear, and it is something that our democratic friends do not want to address, do not want to confront. Of those 29 times, 19 of them occurred when the president and the senate were of the same party. And when the president and the senate are the same party, history shows that those nominees get confirmed. 17 of those 19 were confirmed for vacancies that occur during the president ial Election Year. On the other hand, for those who home, theh at remaining 10 occurred when the president and the senate were different parties. When the president and senate are different parties, the senate has confirmed only two of those 10 nominees. Again, history is clear. The overwhelming majority of instances that the president and senate are different parties, that nominee does not get confirmed. That is of course what happened byh judge garland, nominated president obama. President obama was a democrat, the senate was in republican hands, and following tradition of 200 years, the senate did not confirm that nominee. Now, some might think the difference between whether the senate and president are the same party or different party, that is just a question of partisan alignment, partisan pattern. But that actually misunderstands the constitutional structure. The framers of the constitution deliberately set up a system of checks and balances, so that nobody can become a Supreme Court nominee without both the president and the senate. Checkwas designed to trick the other. Of checks and balances limits power and protects the voters. And indeed, the voters made a clear choice. You know, one of the things that is clear from this discussion this morning is democrats and republicans have fundamentally different visions of the court, of what the Supreme Court is supposed to do what its function is. Democrats view the court as a super legislature, as a policymaking body, as a body that will decree outcomes to the American People. That vision of the court is something found nowhere in the constitution, and it is a curious way to want to run a country. Particularis not any policy issue, you might happen to agree with where a majority of the court is on any given day, who in their right mind would want the United States of , ruled by five unelected lawyers wearing black robes . It is hard to think of a less democratic nation than unelected philosopher kings, with like tenure, decreeing rules for 330 million americans. That is not, in fact, the courts job. The courts job is to decide cases according to law and to leave policymaking to the legislatures. Legislators. Policymaking is not important. Policymaking is very important. Rogue courtt, if a emblems policies you do not like, u. S. The American People do not have much you can do. Youhe legislators do it, can elect the bums out, voting them out and electing new representatives. Much of the concern this morning has concerned around obamacare. According in the senate, the right place for them occurred, in a legislative body. But our democratic colleagues want to promise from the judicial nominee that this nominee will work to emblem and their policy vision of health care. That is not a judges job. That is not a response ability of a job. In fact, making that promise would be violating a judicial oath. I do not know what will happen on the litigation on health care , but i do know this body should be the one resolving the competing policies and issues. Many of our colleagues talked about preexisting conditions, and i think they have made a clinical decision, they want this to be the central issue of the confirmation. Well, remember this. Every Single Member of the agrees that preexisting conditions can and should be protected, period, the end, there is complete unanimity on this. Now, it so happens there are a number of us on the republican side that also want to see premiums go down. Obamacare has caused premiums to skyrocket. The average familys premiums have risen over 5,000 a year. Millions of americans cannot afford health care because of the policy failures of obamacare. Those questions should be resolved in this body, in the elected legislature. Tois not the justices job do that, it is not the courts job to do that. Kate is the legislators job to do that. Age barrett brings judicial temperament and a faithfulness to the law. That is what we should be looking for in Supreme Court justices. And if Democratic Senators want to engage in policy arguments, they can do so here, not by filibustering every bill, as they have done, over and over again, whether it is pandemic relief or obamacare relief to lower premiums that expand choices. Today, our democratic colleagues filibuster everything and then complain nothing gets passed. This is the body that has to resolve those questions. It is also the body that is consistent with two centuries of precedent, can, should, and, i believe, will confirm judge barrett as justice barrett. Thank you. Sen. Graham senator klobuchar. Klobuchar welcome, judge barrett. This committee is gathered today for what i consider one of its most solemn duties and one that i take very seriously. Federal judges, senators, the president of the United States, we all take an oath to uphold the constitution. We make promise to do justice, to tell the truth. At its core, that is what justices do, right . Figure out the truth, figure out justice. My mom come a secondgrade teacher, spent her life teaching little kids what was right or wrong, what was true or false. I still believe it matters, and so do the American People, but we are dealing with a president who does not think truth matters, and he has allies in congress who, in the past, defended our democracy that are now doing his bidding. Senators who clearly set out that the president , a precedent that the president in an Election Year should wait, that we should have an election, and that then the People Choose the president , and the president chooses the nominee. That was your precedent. It has been said that the wheels of justice turn slowly, and justice, on the other hand, can move at lightning speed, as we are seeing here today. We cannot, and you watching at home, should not separate this moment from the hearing and a judge he is trying to rush through. To respond to senator cruz, this is not a rush to justice, this is a rush to put in a justice, a justice whose views are known and who will have a profound impact on your life. Thatyes, these policies support, they matter. Where they can go to school, who you can marry, decisions you can make about your own body, and, yes, your health care. The president knows this. We have a president who has refused to commit to a peaceful transfer of power after an election. Every candidate does that, but not this guy. We have a president who has fired or replaced five inspectors general, senator grassley, who has fired an attorney general, and fbi director, and is now going after their replacement. We have a president who divides our country each and every day. Called our military suckers and losers, he has refused to condemn weiss premisess, and he has white supremacists, and he has the gall to hold up a bible as a prop instead of heeding its words to act justly. And now he says this election will end up in court. Why, senator cruz, does President Trump matter . Courtputting the supreme in his words to, quote, look at the ballot. Whatnow at home exactly the president is up to. If that is why you are voting, that is why you are voting in droves. Why are you voting . Well, you know that your rights, your health, your health care is on the line. You know that they are trying to push through a justice who has been critical of upholding the Affordable Care act, and they are doing it in the middle of a pandemic. And you can see here in this room the misled priorities of this republicanrun senate, and it is in your hands to change it. I have been working to pass a bill to get americans the testing they need to save their lives, to help the moms trying to balance a toddler on their lap while a balancing a laptop on their desk. Are they trying to help seniors missing isolation and birthdays . Are they passing bills to help our economy . That is not the priority. They are choosing to do this. We cannot separate this nominee and the election we are entered we did not decide to do this now, to processing Supreme Court nomination in the middle of an election. They did. So the reason people are not going to fall for this is , touse it is so personal the tune of the 200,000 people who have died, the schools canceled, the jobs you dont have, the degree you could not get. It is personal to me, because my husband got covid early on. He ended up in the hospital for a week on oxygen with severe pneumonia. And months after he got it, i found out the president knew it was airborne, but he did not tell us we were cleaning off every surface in our house, and my husband got it anyway. We did not know. And my dad at 92, he got it in his assisted living. I stood outside his window in a mask, and he looks so small and confused. He knew who our family was, but he did not know what was going on. I thought it was going to be the last time that i saw him. He, miraculously, survive, but marty sean, she didnt. A rising star, the chairman of the st. Paul school covidand just 31 when took her life. Her dad felt sick, she went with him to the hospital because he was scared, then she got sick, never got off a ventilator, and she died. Refugeehter of a young her sevenrny and siblings grew up in st. Paul. Their family the american dream. This is who this virus has taken from us, someone who has left behind a mother and a father and seven siblings who loved her and someone who undoubtedly would have made the world a better place. The president could have saved so many lives. Instead, he has been reckless, packing people in without masks for your nomination party, judge barrett. 35 people got sick, the president himself ends up in a hospital, and when he leaves walter reed, still contagious, he defiantly takes off his mask and walked into the white house. And then he lies and says the virus will magically go away. The truth matters, and the truth is, america, that this judicial nominee has made her view so clear, and this president is trying to put herself in a position of power to make decisions about your lives. The Affordable Care act protects you from getting kicked off of your insurance. That is on the line. The president has been trying to get rid of obama care since he got empower. John mccain went in and stopped it without big thumbs down. Then they went and brought a case to the u. S. Supreme court, and they are now try to stack the deck against you right now. The last time this was before the court in a big way was when Justice Roberts, not exactly a blazing liberal, voted the same as Justice Ginsburg to uphold the Affordable Care act. And this nominee, she criticized him. America, this is about you. It is about these two girls up here, evelyn and mariah, identical twins from cambridge, minnesota, honor roll students, star athletes. They play on the softball team, one is a picture, when is a catcher. Softball play on the team. One of them got diabetes. It does not matter which one, the pitcher, but catcher, they both deserve good health care. If millionsn decide of americans lose the right to keep their children on their insurance until they are 26 years old. One judge can decide that a seniors prescription drugs, which are already too high, could soar even higher. This is a judgeship that was held by an icon, who voted to protect your health care, Ruth Bader Ginsburg, a woman who never took no for an answer. When they told her a girl should not go to law school, she graduated first in her class. And when they told her a mansion argue landmark People Protection cases, because maybe they would have a better chance of winning, she did it herself, and she won. She never gave up. Wellad her own hashttag into her 80s, the notorious rbg, and her last fervent wish was that a new president , the winner of the selection, would pick her replacement. Opinions,ook at her you realize she was not just writing for today, she was writing for tomorrow. To the women of america, we have name offar, and in the rbd, we should not go backwards. As the rabbi said at justins Justice Ginsburg memorial at the, her dissent, her strong words when she would disagree with the republicanappointed justices, words were never cries for defeat, they were blueprints for the future. So to all americans, this hearing, whatever these guys try to do, whatever you hear from a command will not be a cry of defeat, it will instead be our blueprint of the future. Yes, judge, i think this hearing is a sham. I think it shows real messed up priorities from the Republican Party, but i am here to do my job, to tell the truth. To all americans, we dont have some clever procedural way to stop this sham, to stop them from rushing through a nominee, but we have a secret weapon that they dont have. We have americans who are watching, who work hard every day, believe in our country and the rule of law, whether they are democrats, republicans, or independents. They note what this president and the public and party are doing right now is very wrong. In fact, 74 of americans think we should be working on a covid relief package right now instead of this. Let me tell you a political secret. That there will be a brilliant crossexamination that is going to change this judges trajectory this week. No. It is you. It is you calling republik and senators and telling them enough is enough, telling them that it is personal, telling them they have their priorities wrong. So do it. And it is you voting, even when they try to do everything to stop you. It is you making your own blueprint for the future instead of crying defeat. So do it. Trumpsnot donald country, it is yours. This should not be Donald Trumps judge. It should be yours. Thank you, mr. Chairman. Senator sasse. Sen. Sasse thank you, mr. Chairman. Judge barrett, congratulations. I want to say senator klobuchar said a number of things i agree with about covid. She cited a number of painful stories in minnesota, and several similar could be told across the country. I even agree with her partial criticism about the mismanagement of covid about washington, d. C. Do not know what any of that has to do with why we are here today. A huge part of what we are doing here in this hearing would be really confusing to eight graders, civic classes across the country tuned into this hearing and trying to figure out what we are going to do, and they hurt as much about the 2009 finance Committee Debates about what should be in a Health Care Reform package. I am lost, not just on the Judiciary Committee, but also on lotfinance committee, and a of what we heard today would fit better in a finance committee than agent sherry committee. I think we should do our best to help eighthgraders realize what a president runs for, what i senator is for, and what judge barrett is doing here before us today and what her job will be for. If we could back up and do a little bit of a gray civics, i think it would benefit us and those watching in the country and especially eighthgrade civics classes. I would like to distinguish first between civics and politics, because there was a time, the chairman set at the beginning of this hearing, there was a time when people that would be as different as ruth ader ginsburg and she was historic woman that is absolutely true and Antonin Scalia, and other brilliant mind and your mentor, people by different could both go through the senate and get confirmation vote of 95 or 98 votes, and the chairman said at the beginning of the hearing, he does not know what happened between then and now. I think some of what happened between then and now is we decided to forget what civics are and allow politics to swallow everything. So if i can start, i would like to remind us of the distinction between civics and politics. Civics is the stuff we are all supposed to agree on, regardless of our policy views, differences. Civics is another way we talk about the rules of the road. Civics 101 is the stuff Like Congress writes laws, the executive branch enforces laws, courts apply them. None of that stuff should be different if you are a republican or democrat or a libertarian or a green party member. This is basic civics. Civics is the stuff that all americans should agree on, like religious liberty is essential. People should be able to fire ,he folks who write the laws and voters cant fire the judges. Judges should be impartial. This is just civics 101. Politics is different. Politics is the stuff that happens underneath civics. Civics is the overarching stuff we americans agree in common. Politics is the less important stuff that we differ about. Politics is like if i look at my friend chris coons, and i say listen up, jack wagon, what you want to do on this bill is going to be way too expensive and my bankrupt our kids, or if chris looks back at me and says, listen up, jack wagon, you are too much of a cheapskate, and you are investing in the next generation, that is a really important debate. That is not civics. Thans is more important that. Civics does not change every 18 to 24 months because the electoral whims change or because polling changes. I think it is important that we help our kids understand that politics is the legitimate stuff we fight about, and civics is the place we pull back and say, wait a minute, we have things that are in common, and before we fight about politics, lets reaffirm some of our civics. I would like to have a basic grammar of fit civics for five minutes. One thing we should all agree on and two things we show disagree with, three things we are in favor of into things we agree on that we should all reject. First, a positive, grand, unifying truth about america, and that is religious liberty. Religious liberty is the basic idea that how you worship is not of the governments business. Government can wage war, government can write parking tickets, but government cannot save souls. Government is really important. War is important, parking tickets are important, but your soul is something that the government cannot touch. So whether you worship in a mosque or a synagogue or a church, your faith or your lack of faith is not of the governments business, it is your business and your familys and your neighbors and all sorts of places where people break bread together and argue. But it is not about power, it is not about the government. This is the fundamental american belief. Religious liberty is one of those five great freedoms closer to in the First Amendment to religion, speech, press, protest , these five agreements that are a pregovernmental right that are sort of civics 101 that we all agree on well before we get to any thing as inconsequential as tax policy. Civics should be the stuff we affirm together. Contrary to the beliefs of some e activist, religious liberty is not an exception could you the governments exception to have religious liberty. Because religious liberty is the fundamental role in american life, we do not have religious text. This community is not in the business of deciding whether the dogma lives too loudly within someone. This committee is not in the business of deciding which religious beliefs are good, which are bad, and which religious beliefs are weird. Someone who was subconsciously a christian, we have a whole bunch of really weird beliefs. Forgiveness of sends, virgin birth, resurrection from the death, eternal life, there are a bunch of crazy ideas that are a lot weirder than some catholic moms getting into other advice about parenting. And yet there are places where this committee has acted like it is the job of the committee to delve into peoples religious community. That is nuts. That is a violation of our basic civics. That is a violation of what all of us believed together. This is not a republican idea. This is not a democratic idea. This is an american idea. The good news is, whether you think you are religious beliefs might be judged wacky by somebody else, it is not the business of this committee to delve into the context of any of that, because in this committee, this congress, and in this constitutional structure, religious liberty is the basic truth, and whatever you or i or judge barrett believe about god is not anybodys business. We should all believe in that in common, we should all reaffirm that in common, and that should be on display over the course of the next four days in this committee. Now a couple of terms that all of our eighth graders no as things we should reject in common. Again, shared rejection, not republican versus democrat of democrat versus republican but i shared american rejection, and the first is this judicial activism. Judicial activism is the idea that judges get to advocate for or a dance policies, advance policies, even though they do not have to stand for election before the voters and because they have lifetime tenure. Judicial activism is a bad idea that tries to convince the American People to view the judiciary as a block of progressive votes or conservative votes, republican justices and democratic justices. This is the confused idea that the Supreme Court is just another arena for politics. When politicians try to demand that judicial nominees, who are supposed to be fair and tryrtial, when politicians to get judicial nominees to give their views on cases or to give their views on policies, to try to get them to precommit to certain outcomes in future cases, we are politicizing the courts, and that is wrong. That is a violation of our oath to the constitution. Likewise, when politicians refuse to get answers to the pretty basic question of whether or not they want to try to change the number of justices on courturt which is what packing actually is when they want to try to change the outcome of what courts do in the future by trying to change the size and competition composition of the court, that is a bad idea that politicize the judiciary and reduces public trust. On the other hand, de politicizing the court looks a lot like letting courts and judges do their job and that congress do our job. You dont like the policies in america . Great. Elect different people in the house come in the senate command in the presidency. Fire the politicians at the neck selection. But voters do not have the freedom to fire the judges, therefore we should not view judges and we should not encourage the public to view them as ultimately judges who hide behind the ropes. The antidote to judicial activism is a ritualism. A ritualism, also known as text realism, is basically the old that judges do not get to make laws. Judges get to apply them. Does not think of herself as a super legislator whose opinions will be read by angels from stone tablets in heaven. Judicial activism, on the other that theyhe bad idea are fakes and truthfully they are wearing red or blue jerseys underneath. Today, when we have a nominee before us, we should be asking questions that are not about trying to predetermine how certain cases should be judged. A final term we should be clear about, i mentioned earlier, but i think it is worth underscoring, we should underscore what is Court Packing. Is the idea that we should end the senate by making it another majoritarian body. Court packing would depend on the destruction of the full debate here in the senate, and it is a partisan suicide bombing that what end the deliberative structure of the United State Senate and make this job less interesting for all 100 of us, not for 47 or 53, because it is hard to get to a super majority that tries to protect the 5149,n people from 4951 swings all the time. What blowing up the filibuster would also really do is try to turn the Supreme Court into the ultimate super legislatior. Court packing is not judicial reform. Court packing is destroying the system we have now. Kate is not reforming the system we have now, and anybody who uses that language, the language that implies filling legitimate vacancies is actually just another form of Court Packing, that is playing the American People for fools. And the American People actually want a washington, d. C. That de politicizing is more decisions, not politicizing more decisions. Judge my am glad you are before a spirit i am looking for two hearing your Opening Statement today. Congratulations, and welcome. Sen. Graham senator cowan ons. You, mr. S thank chairman, and judge barrett, welcome. I have heard from my constituents, delawareans who are scared, worried about the health of the parent or child, because they do not know if it is safer their kids to go to school, if their businesses will survive, or if they are wondering why on earth this senate is focused on racing forward with a Supreme Court nominee that is not willing to take a vote to provide needed relief for them and their family. It is an understandable question when we are in the midst of a devastating and global pandemic. Beenthan 7 million have infected and have a new preexisting condition. Than 25 million americans are collecting unemployment. This is an Ongoing National emergency and as an exercise in we shouldt all text, be working day and night to deliver them that relief. Instead, my colleagues are barreling forward with a nomination that is distracting for our constituents and threatens to tear the nation of nation apart. Days, and there is no precedent in our nations history for confirming a Supreme Court nominee by the senate this closed would president ial election in which a majority of states are already voting. 6 million americans have voted. This process flies in the face of the very rule republican set en theyves in 2016 wh refused as a matter of politics, to even consider judge Merrick Garland nine months before an election simply because it was an Election Year. 2018, you wentn even further and said if an opening came up in the last year President Trumps term you would wait for the election let the voters decide. What changed . Sadly, nothing. At this time President Trump and his allies in the senate saw a chance in Justice Ginsburgs untimely passing to shift the balance of the Supreme Court for decades to come. Proceeding with this confirmation today is wrong. I agree with my colleague it is foundational. I will focus on your speeches as a law professor and judge. We willdo that, conclude the ways in which you may serve as a justice. Proceeding with this nomination at this time will also do harm to what remaining trust we have weut the, to the sen have in each other, to the senate as a whole. Is out of session today because of the members who have contracted the virus. That is why all of us when not speaking are wearing a mask. Inlight of all of this, light of the stresses on our country, i think this rushed process should not proceed. Instead, we are. Let me try to help explain to those who reached out why it mat ters. Centrally, its this, President Trump has promised over that he would yield the Affordable Care act. He ran on that promise but despite his best efforts, he failed. My republican colleagues here in the house have voted over and over to repeal the Affordable Care act since it was passed. Thankfully, for the people of our nation and my state, they have been unsuccessful. To make good on this promise to achieve what they could not accomplish, they are looking to the court, to this nominee. President explicitly promised that anybody he nominated to the Supreme Court would do the right thing and would be a vote to overturn the Affordable Care act. One week after the upcoming election, the Supreme Court will the a case in which Affordable Care act is at issue court which the supreme will hear arguments that support the trump Administrations Department of justices position to strike down this law. Just a week after the upcoming election, the Trump Administration will be telling the Supreme Court to tear down the very law that provides Health Care Protections in the middle of a pandemic. Judge merrick, judge barrett, you publicly criticized the Supreme Court ask about past decisions. Appropriately at issue. That is one of the reasons they are rushing to have this confirmation just in time. That thisnd ironic administration is rushing to confirm a judge that they believe will vote to strip away Health Care Protections. They cannot treat pregnancy as a. Reexisting condition it prevents Insurance Companies from charging anybody with preexisting conditions more. Americans dont have to go bankrupt because of an unexpected illness. Dont take my word for it. Listen to the voice of carrie who used to pay 800 per month for junk insurance. Coverage so skimpy she had to live in fear of going to the doctors office. Because of the aca, she was able to get better coverage to pay what she can afford. She has diabetes, she has high blood pressure. , care orthe aca coverage. She said this takes the stress for the worry out of it. She asked me, how is this even an issue . Wasnt it settled years ago . Shes right. She should have the peace of mind. I have heard so many war stories such as debbie from newcastle, a selfemployed Small Business owner who receives her Health Insurance the marketplace. Her preexisting condition requires her to attend multiple doctors appointments and physical therapy each month. Without the aca, companies would charge her more and she would not be able to afford her medical bills or support her Small Business. Woman from delaware who was diagnosed with cancer four years ago. After losing her health care she was able to find new coverage in the marketplace. My inbox is filled with stories like these women and they highlight the breadth of what the aca means to these people. Lower out of pocket cost for seniors prescriptions. These protections are on the line. In the ballot and on the docket of the Supreme Court. It is not just the aca at risk. Judge, im deeply concerned about ways in which you are approach to something which may sound abstract, like precedent, that means you are open to revisiting and overturning long settled cases. You may overturn some of the very principles for which Justice Ginsburg fought her entire adult life. What might this mean . Cases like griswold versus connecticut. That established married couples have a right to obtain and use contraception in the privacy of their own home. It means cases like roe v. Wade rightprotects a womans to make her own Health Care Decisions may on the line. Hodgess overfill versus hodges may be. Overruled. This is what i believe is at stake. Judge barrett, you will be deciding cases that have real i have heard my republican colleague say all they care about is finding a ure justice who will apply judge barrett, im not suggesting that you made some secret deal with President Trump, but i believe that the reason you were chosen is precisely because your judicial philosophy as repeatedly stated could lead to the outcomes that President Trump has sought. That has dramatic and potentially harmful consequences with regard to the election, the Affordable Care act, and longsettled rights. This is what i hope to lay out this week and this is what i hope the American People will hear in the course of this confirmation hearing. For planning purposes, we will go to senator hawley, senator blumenthal and senator tillis. We will take a 30minute break, grab a bite to eat, then come back and finish up. Senator hawley. Sen. Hawley thank you. Judge barrett, its good to see you. I see that some of your children are getting a break. I have two boys at home. How komal your children have been sitting for a couple of hours. Maybe you can give me some tips when we are finished here. Weve got to read a lot about your family in the last few weeks. Weve read a lot about you and in particular about your religious beliefs. One attack after another in the liberal media. Many echoed by members of this committee. Insularlong active with christian group. We have heard stories about how you raised your children and how you adopted your children. Beliefs. Olic doctrinal questioning whether you have the independence to be a justice on the United States Supreme Court. It is not just the newspapers but the members of this committee. Including the democratic nominee for the president of the United States who has questioned past members for their membership in catholic fraternal organizations such as the knights of columbus. Senator harris and others on this committee have repeatedly questioned the judicial nominees fitness for office because of their membership in the knights of columbus. The Ranking Member, when you were last before this committee, the Ranking Member referred to your catholic convictions as dogma that lives loudly within you, picking up the very terminology terminology of anticatholic entry in this country a century ago. Others asked if you were an orthodox catholic. One senator said she worried you would be a catholic judge if you were confirmed, as opposed to an american judge, as if you cannot be both a devout catholic and a loyal american citizen. Have comenees who before this committee for years have been asked their views on theirn the afterlife, on membership in catholic organizations, other christian organizations, and on and on. Lets be clear about what this is. This is an attempt to broach a new frontier. It is an attempt to bring back an old standard. The constitution of the United States explicitly forbids. Im talking about a religious test for office. Article six of the constitution of the United States, before we even get to the bill of rights, article six says clearly, no religious test shall ever be required as a qualification to any office or public trust under the United States. 1787. As big news in it worth remembering life. Remembering why. History of thehe world has ever guaranteed citizens the right to freedom of conscience. Every other country that existed tied together their religious belief that would be approved the powerful and the right to serve in office. Citizen inor to be a every other country across history stop you hundred degree with what those in power agreed with in order to hold office. Sign a particular religious confession or disavow particular religious groups. You had to pledge allegiance to the god of the city or the god of the empire. This was true from 18th century britain all the way back to ancient rome. When our founders put article six into the constitution, they were making a very deliberate choice. They were breaking with that past history and saying that in america it would be different. We would not allow the ruling class to have veto power over your faith, over what americans believed, over who we gathered with worship, and why, and where, and how. Country, the people of the United States would be free to follow their own religious convictions, free to worship him a free to exercise their religion and pull of faith would be welcome in the books fear. They would be welcome without having to get the approval of those in power, welcome to comment could to bring their religious beliefs to bear and all that they do so long as they were peaceful citizens who followed the law. Religious people of all backgrounds would be welcome in public life and no person in controluld be able to with the American People thought or believed who they were shipped. Consciencem of undergirds all of our other rights because it tells the government they cannot tell us what to think or with whom we can assemble, or how we can worship, or what we can say. Theres why article six is even before we get to the bill of rights. Ofs bedrock principle american liberty is now under attack stop that is what is at stake we read these stories. That is what is at stake when my democratic colleagues repeatedly questioned judge barrett and many other judicial nominees about the religious membership, religious practices. That is an attempt to bring back test,ys of the religious to bring back the veto power of the powerful over the religious beliefs and sincerely held convictions of the American People. That is what is at stake in this confirmation hearing. Catholic, we is a all know that. She and her husband have chosen to raise their family in accordance with catholic beliefs. 65 million americans are catholics, and many millions more are christians of other persuasions. That theyo be told cannot serve in public office, that they are not welcome in the public sphere and list the members of this committee sign off on their religious beliefs . I do not want to live in such an america in the constitution prohibits it. The constitution says that people of faith like judge barrett are welcome in my office, welcome throughout our public life. I would say to my democratic years,ues, that these this pattern and practice of religious bigotry, because that is what it is, when you tell somebody they are too catholic to be on the bench when you say they will be a catholic judge not an american judge that is bigotry. The practice of bigotry from members of his committee must stop and i would expect that it be renounced. I disturb my colleague senator kunz make reference to an old case which iswold swipely assume is another at her catholic beliefs. This is the kind of thing im talking about and this is the sort of attack that must stop. Burr must stop. To. Blumenthal i want introduce you to one of my ofstituents, connor kern ridgefield connecticut. Used 10 years old and suffers from muscular dystrophy. Horrible and incurable disease. Ofslowly deprives children their strength and ability to move and eventually it robs them of their lives. Of providing his care are astronomical. For connor and his family it is worth every penny. Connor is a superhero but he has always had a real sidekick. He has had the protection of the Affordable Care act. It has shielded him and his arbitrary caps on coverage that would have cut off his care when it became too expensive. Romhas protected connor f losing insurance because of this insidious disease that he never cost caused. Act hasrdable care given his family a measure of relief, of hope, of peace. Connor and many others like him are why i will oppose your nomination. Your nomination is about the republican goal of repealing the Affordable Care act. It wants to ban tax credits that make health care more affordable, bans on charging women more simply because they are women. That is what my republican colleagues have been fighting to repeal. They have challenged it twice unsuccessfully in the United States Supreme Court. Fail, but now you hands of the state Supreme Court. Have turned again to the court to try to achieve judicially what they cannot achieve legislatively. President trump has found has vowed that any judge he s this testent pas and would strike down the Affordable Care act. No honesty you have addition for this job, through your academic writing and judicial opinions and you have passed that test. You have stated twice in effect that you would have voted to strike down the Affordable Care act and you been a justice had you been a justice at the time. They want someone who will legislate from the bench and who will strike down laws supported of thest majority American People. Anyhe American People have dedicated myow republican colleagues are the justg away health care, ords. Theytheir own w have been remarkably forthright. Repairy that you cannot this monstrosity called obamacare, you have to tear it down and start over. I supportnst says immediate action to repair obamacare and replace it. Senator former, it is time to repeal and replace. Senator tillis, repeal obama care, lets end this disaster. Saiddent trump himself has we want to terminate obamacare. Millions of americans have a. Reexisting condition lawsuit, nowican before the Supreme Court, and in this nomination. It is not just the Affordable Care act that is at stake. Decide womans right to when and how to have a family, control over her own body. An activist on the bench doing what congress could not do would strike down common sense gun safety laws. Connecticut has been at the forefront on gun violence protection, on gun safety, judge, you acknowledged that y our defending opinion sounds radical. Thats because it is. If your views on the Second Amendment are adopted by the Supreme Court, it would imperil common sense state laws like connecticut all around the country. Be working on to improving American Health care. We have to be fighting covid19 which has affected 8 million americans and killed more than 215,000. We should be implementing a National Testing strategy, instituting Contact Tracing and securing ppe. We havent even provided assistance to the millions of americans who have lost their jobs and faced Economic Hardship and heartbreak. President trump has failed to do any of it. Instead, he and our republican colleagues are riveted on rushing a judge through this process. President trumps failure to act will likely lead to 55,000 , 55,000al deaths additional americans lost over the next three months. Are refusingicans to address American Health care, covid19 or Economic Relief because they care more about putting an extremist ideological , and not justench on the Supreme Court. I have learned as a senator that there are very few written rules in this place, but there is one very important unwritten rule. Keep your word. All sorts ofave excuses for why they are breaking their promise. The promise that they would not conform a Supreme Court justice during an Election Year. Each excuse boils down to nothing more than raw political power. Might is not make right does not make right. They have the votes but they dont have the American People and dont have history on their side. The American People want a plan to fight and conquer this disease. They want to put americans back to work. Not rolling back rights and turning back the clock. I revere the Supreme Court. I clerked for Justice Harry blackmun. I have argued cases before the court four times. Now im deeply concerned that the Supreme Court is losing the trust and respect of the American People. The authority of the Supreme Court depends on that trust. It has no army or police force to enforce its decisions. The American People follow the Supreme Courts command even when they disagree because they respect its authority. Now President Trump and the republican senators are eroding and destroying that legitimacy. They have stripped the American People of their say simply to confirm a justice who will strike down in court, legislate from the bench, what they cant repeal in congress. Your participation, let me be blunt, in any case involving would trumps election, immediately do explosive and enduring harm to the courts legitimacy and to your own credibility. You must recuse yourself. The American People are angry and for good reason. It is a break the glass moment. Americans must use their voices to speak out and stand up, to contact my colleagues on this committee, despite their boas ts. Stand up and speak out to protect their own health, the Public Health and health of our democracy. We will now have senator tillis who is with us remotely. After his Opening Statement we will come back at 12 20. Senator tillis . Thank you, chairman graham and Ranking Member feinstein. I want to take a moment to honor the life and legacy of Justice Ginsburg. And as a Living Legend giant as a professor, a judge and a justice. She was an inspirational role model and we honor her legacy. I want to make sure that her family knows that the nation mourns their loss. To be gathered talk about the confirmation of judge Amy Coney Barrett. Her work is widely respected and it is clear why her former students voted multiple times for her to be the distinguished professor of the year. Its also why every fulltime faculty member of notre dame law supports her nomination. She is a remarkable mother, has seven beautiful children and she makesing busy, time to be involved in her community. This nomination is important because it will have a Lasting Impact on the republic. A justice serving on the bench involves every important issue facing our Constitutional Republic. What is the proper role of each branch of government . What are the fundamental protections that our constitution grants to all americans . These are foundational questions to the Supreme Court and they consider them every term. If confirmed she will be tasked with answering these questions and i believe she will do a great job. It is the document itself that ensures our freedom. Justice scalia understood this. Every country in the world has a bill of rights. What makes us free is our constitution. The word constitution means structure. Justice scalia understood the genius of our foundation. The real danger to our Constitutional Republic is the centralization of power. When that happens, liberty dies and charity reigns. That is white is critical that the Supreme Court justice maintains a proper law. Decades, the majority has been used to to resolve disputes rather than by leaving that to the American People acting through their elected representatives. Article three judges cannot and should not be policymakers. We have heard them speak today about the policies they would like to pass. Judgee described barretts nomination as an end to health care, abortion, labor rights, and the list goes on. These statements are unfair and untrue. Week judge barrett will do the policy outcomes rather than the work for the policy outcomes and the u. S. Senate. Just last month when they were falsely claiming her nomination would bring an end to the preexisting conditions, every democrat on this committee voted against the measure that would do just that. They want the court to do it for them. My review of judge barretts record convinces me she is not only one of the most qualified individuals to be nominated, but she understands the proper role of the article three branch. She reaches her conclusions based on the law, not her personal views. A nominee has a predetermined outcome in mind while at the same breath demanding a nominee that has their predetermined outcome. But hypocrisy is incredible. Judge barrett is not a legislator. That is our job. Get the minority cannot their bad policies in congress they turn to the courts to demand the judges turned to the law not as written. Congress, a politically accountable branch, nothing more. The 10th a memo, the 14th amendment, if they care about our constitutional liberties they should care about understanding the proper role. Ginsburg, reale change and enduring change happens one step at a time. It does not happen by judicial fee at fiat. Judge barrett knows the role of the Supreme Court justice and is highly qualified to do the job. Judge barrett, when i met with you and the capital, i asked you to sign two pocket constitutions for my granddaughters. In it, you wrote, dream big. When they are old enough to understand i will explain that just like justice. They can realize their american dream. When members of this committee mischaracterize your views and their allies in the liberal media are saying terrible things about you and your family, stand tall and true. I know that you are an inspiration to millions of young women in this country like my granddaughters. Thank you for being with us today. Congratulations for the recognition of your hard work and your character. Thank you, mr. Chairman. Sen. Graham we will be in recess until 12 20. We will start back with senator lerner. [indistinct conversations] i appreciate that. Thank you. Do the right thing. A loja. Thank you, mr. Chair, and judge barrett, thank you for being front of us today. Welcome to you and i am 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. Today, we consider adding another woman to the highest court in the land. I cannot help but be so proud of women and whatr they have accomplished. Time i havefirst been a member of the Judiciary Committee during a Supreme Court nomination process. You probably know that like most americans, i am not a lawyer. I bring a slightly different onto the committee. One thing that is important to matters tong that islands, whether they are believeor not, i firmly in the roles of our Supreme Court, 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 that the Supreme Court has become a super legislature. To 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 see in their nominees, which is that super legislature. Projecting that upon you, judge barrett. That is what they are projecting as they talk about what cases may or may not come in front of the Supreme Court. I think it was just the other day it was Vice President biden who told the American People they do not deserve to know whether he will pack the court. They do not know who his judicial nominees would be. I think we do need to know because again, it is what the left projected on you today, it is what they want to see in their nominees. Not what our founders intended the court to be. Be an the hearing would open conversation of how judge barrett would be as justice. I am concerned that not everyone who in who is involved in this hearing share the goal. Attacking your faith and your family. Instead of entering into the nomination process with an open mind and a desire to understand this woman who has been nominated to the highest court in the land, the focus is on a plan or strategy, a series of coerce,to undermine, and confuse the American People. A plan to undermine u. S. A family,undermine your and underline 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 somebody else needs or wants us to be. Not on who we actually are. I cannot speak to those who would attempt to undermine your nomination but as a 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 to understand more about your judicial philosophy. T your political pump opponents want to paint you as is a tv or Cartoon Version of a religious radical, a socalled handmade that feeds into all of the ridiculous stereotypes they have set out to lambaste people of faith in america. And that is wrong. It might be less comical if this is the first time the left has trotted out this partisan playbook. Have made these types of religious attacks on every Supreme Court candidate nominated by a republican president in the modern era. They say they really mean it , we really mean it, this nominee is worse. Women theirg to accusations are, that you, a working mother of seven with a strong record of professional and academic accomplishment, could not possibly respect the goals and desires of todays women. That you, with a detailed record of service, lack of compassion. I know you to be compassionate. Your record says you are and it shows your demonstrated is defending the constitution. The great freedom of being an American Woman is we can decide how we can build our lives, whom to marry, and where we want to go. Ive served in the army, something not popular at various points in american history. We do not have to fit the narrow definition of womanhood. Path. Ate our own Justice Ginsburg is one such woman and i would like to pay. Ribute to her for what she did it is 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. Every year, i travel to every single one of iowas counties and talk to women from all walks of life, whether they are farmers, nurses, Small Business owners, they want a government accountable to them. Makes a lot that oversteps the constitution, the ripples can be felt whether it is on farms in Montgomery County where i am from, and the manufacturing facilities. It can be felt in the Church Services of sioux city and Community Meetings in waterloo. The Supreme Court passes only job is to rule on the cases before it. And defend the constitution. Do that well, it Justice Needs to be thoughtful, restrained, and wise. Far, i havet, so seen all of those things in you. I am 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. What a mom canly do. Thank you very much. Thank you, mr. Chair. Booker thank you, mr. Chairman. A 49yearold father of twin boys and a football coach and professional at a high school 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 she could afford. Paid not feeling well, he the doctors appointment and was diagnosed with type two diabetes. It is a disease that affects over 10 of americans and disproportionately impacts black americans like him. Diagnosedikely to be with diabetes and twice as likely to die from it. Today, he takes insulin and other medications and his condition was thankfully improved but he said, obamacare made it so i was not afraid of the costs of going to the doctor. Insurance, whoe knows where i would be. But he is worried about what will happen if the Affordable Care act gets overturned. Said, now i have a preexisting condition. My insurance covers my medications, and if that is taken to a way for me, what will happen . I cannot afford those on my own. Michelle lost her husband, john, last year when he passed away suddenly at the age of 58. Michelle relied on Health Insurance through his job and when he died, their insurance went away. She was given the option to continue his plan but could not afford the cost of 800 per month. Michelle sign up her coverage on the insurance marketplace, where she qualified for what made it more affordable. She could manage her diabetes, heart disease, and an autoimmune disease because of her coverage. Also relies on insulin and other prescription medications. If the aca were overturned, michelle says, i could lose my house if i did not have a formal health care. I would have to sell my home. I do not want to lose my home. People like them are understandably sure scared right now. America herump told 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. No what ae them future without the aca looks like. Like 130 million americans with preexisting conditions, from cancer survivors to people with disabilities being charged more were denied coverage completely. It looks like 20 million americans losing access to potentially lifesaving care in the middle of a pandemic that has already killed over 214,000 americans. In new jersey, we have lost over 60,000 people will to covid19. Lutherds of people would lose their coverage were it not for the aca. If future without the aca looks like being forced to sell your house if you cannot afford your health care. It looks like not having access to a doctor when youre sick. It looks like having to choose between paying for groceries and paying for medicine. Anotherre scared for reason. They know what a future without the protections of roe v. Wade looks like because President Trump has explicitly stated he would only put up Supreme Court nominees that would overturn roe v. Wade. He said it clearly. We should believe him. People deny the ability to make decisions about their own bodies, the right to plan for their own future. Women of color, low income women, who cannot just pack up and leave if abortion is restricted or criminalized where they live. It looks like them being left with no options. It looks like state laws proliferating throughout our country, who seek to control and criminalize women. It looks like the government fearing making the most personal medical decisions. It looked like a country in which states may write laws look women with miscarriages to investigation to ensure they did not have abortions. In America Today, people are scared. You heard from my colleagues, we are getting calls to from my office where people are afraid. Many americans have died, isolated and and alone, tens of millions of jobs have been lost. One in three American Families with children are not getting enough food to eat. More than 100,000 Small Businesses have closed permanently. Lines of food banks in the wealthiest nations on the planet have stretched for miles. We should be working in a bipartisan way to try and get the virus under control, to get relief for people who are hurting, struggling, and 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 when covid is rising, know that we have their back of a pandemic. Instead of doing anything to help people who are struggling right now, we are here. We are here. Glad that my colleagues who contracted covid19 at the rose garden super spreader event, 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, that will vacuum the floor like people all over our country who are working today in factories, teaching children in schools, they do not have a direct line to the nations top health experts. They cannot show up to work sick. They might not have space to distance themselves at home to protect their families. We literally stopped the senate from function with the exception of the hearing. That is why we are here. We are not just 22 days from an election. Anare in the middle of ongoing election, when millions of people have already started voting because donald trump and most of my Senate Republican colleagues know the truth. They will not be able to get away with this after the American People have spoken in this election. Donald trump and Senate Republican colleagues in the room today know that the American People do not want the aca overturned. My senatemp and republican colleagues know that the majority of americans do not want roe v. Wade overturned. A majority of americans do not want to see abortion criminalized in our states. But that is exactly why we are here today. Donald trump and Senate Republicans know that the American People do not want this. So they have to act now. They do not trust the American People, which is so painful because that is what they said, that we should trust the American People and what the American People say under president obama 269 days before the election. And then, after the election, they tried time and again to overturn the Affordable Care act. A handful of republicans stopped them. Donald trump explicitly said he would do it through the courts by making the nomination today. The American People should know that that is what it is all about. We are here because in the middle of a deadly pandemic, in the middle of an ongoing election, Senate Republicans founded on many in judge barrett who they know will do what they could not do, subvert the will of the American People and overturn the aca and roe v. Wade. Here. S why we are the American People do not want this, and they know it but do not care. They have one small window of opportunity to work the system they are desperately rushing to complete the process before america starts voting. They do not have to do this. If one of my colleagues would stand up on this committee, we can hold this over until after election. If two of my colleagues on the senate floor agree, we can stop this. Otherwise, this is a charade when they say it is a normal Judiciary Committee hearing for a Supreme Court nomination. Nothing about this is normal. It is not normal at Senate Republicans are rushing through a copper confirmation hearing, violating their own statements and betraying the trust of the American People and their colleagues and failing to take in this hearing even the most basic safety protections. Or the people around them we are seven months into one of the worst Public Health crises in the middle of our country. This is not normal that millions are not just scared of a deadly virus. They are scared of their fellow americans who are sitting in the room right now. They are scared their government and institutions were manipulated by people who could not work through the demo democratic process to achieve that. This is not normal. What is going on in America Today in the midst of a emmett deadly pandemic and ongoing election, having a rushed Supreme Court nomination hearing is not normal. The American People should decide. The American People should decide. The American People should decide. Not be voting to confirm judge barretts nomination. I would like to submit a letter for the record, if i may. We should not be rushing this process. My colleagues agree that we should be working to protect the health and safety of americans across the country, and taking the greater precautions in this workplace. I would like to enter a letter to from senators lahey, harris, and myself, which we sent to the chairman last week, asking that the hearing is not proceed without all of us being tested and a covid safety protocol being put in place. Judge barrett, welcome and congratulations. I have prepared remarks i will give but having sat through the speeches i have heard already and listened to the attacks that have been made both on republican members of the you, a fewnd on items before then talk about why we are here and that is you and your qualifications to serve as a justice. Id say the first attack is that we are rushing too fast and violating the rules and norms of the senate. Wead my staff check while were sitting here. 16 days after judge barretts nomination. Justice stevens, 10 days. Justice blackmun, 15 days. Justice burger, 13 days. These proceedings are following right along in the same kind of process that has historically been the process of the senate. Argument is made that this is an Election Year and republicans set in 2016 that in an Election Year, they would not move forward with president obamas nomination. What are the facts . Has arisen in a president ial Election Year 29 times. One of those 29 times, whoever was the sitting president made a nomination to , to fill theacancy vacancy. Every one of those 29 times. 19 of those 29 times, the parties of the president and the Senate Majority were the same. Of those 19 nominees were confirmed. Contrast, of the 10 times in which the senate was controlled by the Party Opposite to the did thet, only one time senate not of the party of the president proceed to fill that vacancy. In fact, vacancies under a divided government, a senate and presidency from different parties, have not been filled for over 100 30 years going back to 1888. Much like when the senate exercised its constitutional fully consistent with precedent in 2016 not to fill the vacancy, when there was divided government, the senate is exercising its duty today to move forward with processing the nomination like the vast majority of senates in the past have done every time this has happened. Important to note that. Any claim that the process is unusual or that it violates the clear precedent of the senate, is simply false. Back to the attacks on the members of this committee on the republican side and against the are tryingit says we to engage in Court Packing. That is a novel one because it is actually the Senate Following standard procedure with regard to a vacancy that is now being accused of Court Packing on my colleagues on the others are actually proposing Court Packing. That is, the statutorily and with the signature of a president , changed a law so we can add members of the court. His effort wasin rejected. This is not Court Packing so what were the arguments actually leveled against judge merrick . The standard arguments. She is going to overturn all protections for women, she is going to change all of the laws in the country that protect Peoples Health care, and everyone in the country who has a preexisting condition or any kind of a worry about getting support, needs to worry that she is going to be an activist judge and go in there and change the law. She is not and we all know it. This is simply the tired, worn out argument the president makes a candidatenates for the bench of the Supreme Court of the u. S. Through and it will not be true true and it will not be true with judge barrett. Republicans is, the dont care about Peoples Health, they wont even try to get covid relief out. Here we are passing covid relief legislation. Ive heard my colleagues say the republicans are refusing to help. Ese comin relief package that but somewhere between 500 to 600 billion dollars into Small Business loans, health care, insurance, education assistance, Health Care Assistance for pandemic preparation for strategic stockpiles for testing, Contact Tracing. Billions for vaccine and therapeutics. 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 you will simply let us go to the legislation and pass it. Now, judge merrick, let me talk about you. Academican exemplary record and legal credentials. You are permanently qualified to serve preeminently qualified to serve on our Supreme Court. For both the u. S. Court of appeals for the district of columbia and the u. S. Supreme court. At the Supreme Court, you clerked for the late justice Antonin Scalia. Upon receiving a nomination, judge merrick reflected on her for Justice Scalia, citing his influence on her life. She stated his judicial philosophy is hers, too. A judge must apply the law as written. That is what we need in our next up report justice. Justicehan the activist youre being accused of being. Judges 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, said in court or otherwise, she must be dedicated to interpreting the law as written with an unparalleled commitment to our constitution. I have seen nothing that would indicate she is not telling the truth when she says that is our view of how a judge should conduct herself. I have met with a number of Supreme Court nominees. Ane continue to maintain emphasis on following the law and upholding our constitution. That must be essential 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. System has a responsibility to preserve our Constitutional Rights and provide speedy and her justice. Following her clerkship, judge barrett spent time in private practice before her tenure as a professor. Barrett demonstrates she is both intellectual and delivered of an understanding of the law. It is evident she understands the role of a fair and proper judge. Merrickmber 2017, judge came before the Senate Judiciary committee after being nominated to the u. S. Circuit court of appeals. She repeatedly expressed her commitment to independent and unbiased decisionmaking. I was proud to support her confirmation to the court of appeals in both the committee and on the senate floor. Her remarkable resume shows she is a pioneer in the legal field. She is the ideal candidate to fill this current vacancy. To 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. Chairman. Mr. Senator harris . Can you hear me . Hello . We hear you. Yes . Just wait one second. We do not see you. One, congratulations on being on the ticket. I can see you now and hear you loud and clear. Yours. Ors this hearing was brought together has brought together more than 50 people to set inside of a closed door room for hours, while our nation is facing a deadly airborne virus. This committee has ignored common sense requests to keep people safe, including not requiring testing for all members. The leaders of Senate Republicans postponed business on the senate floor this week for the health and safety of senators and staff. For the same reason, this hearing should have been postponed. The decision to hold this and putsow is reckless peoples lives at risk. Of to mention, while tens millions of americans are struggling to pay their bills, the senate should be prioritizing Coronavirus Relief and providing Financial Support to those families. The American People need to have help, to make rent or mortgage statement. We should provide Financial Assistance to those who have lost their jobs and help, parents put food on the tabl their jobs and help parents put food on the table. This crisis has pushed them to the brink. Help families of Small Businesses get through this crisis. This committee is determined to russias Supreme Court proclamation hearing and 16 this rush a Supreme Court proclamation hearing in 16 days. Important that helping and supporting the American People that are suffering from a deadly pandemic and the devastating economic crisis. Their priorities are not the American Peoples priorities. For the moment, Senate Republicans hold a majority in the senate. The constitution of the united tes the vast majority is rushing this process and jamming President Trumps nominee through the senate while the people are actually voting, just 22 days before the end of the election. More than 9 million americans have already voted. Millions more will vote while this Illegitimate Committee process is underway. Lear majority of americans lets remember, in 2017, President Trump and Congressional Republicans repeatedly tried to get rid of the Affordable Care act. 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 the Affordable Care act is too popular to repeal in congress. Steadfastrying to its and have that Supreme Court do their dirty work. This administration, with the support of Senate Republicans, will be in front of the Supreme Court november 10th to argue that the entire Affordable Care act should be struck down. That is in 29 days that is happening. That is a big reason why Senate Republicans are rushing this process. On to to get a justice the Court Contempt to ensure they can strip away protections of the aca. If they succeed, it will result in millions of people losing access to health care at the worst possible time. In the middle of the pandemic. 23 million americans could lose the Health Insurance altogether. If they succeed, they will eliminate protections for 135 million americans with preexisting conditions like diabetes and asthma or cancer. A list that now will include americans who have contracted covid19. Insurance companies could deny you coverage or sell you a plan that wont pay a dime toward treating anything related to your preexisting condition. Will have to once again pay for things like mammograms and cancer screenings and birth control. More for prescription drugs. Young adults will be kicked off their parents plans. These are not abstract issues. We need to be clear about how overturning the Affordable Care act will impact the people will represent. We all represent. Michael is a young girl in california. Aca cannot deny her coverage or limit her care because it is too expensive. She was born with a congenital heart defect. She gets an mri with anesthesia every six months. Months, her family had already hit 50,000 in medical expenses. Her biannual mri costs 15,000 a session. Family had hit 500,000. Republicans succeed in striking down the Affordable Care act, Insurance Companies will be able to deny coverage for children with serious conditions. Like micah. E mich nobody should face financial ruin to get there child or parent the care they need. Nobody should be kept from seeing a doctor because an Insurance Company says this treatment is too expensive. In america, access to health care should not be determined based on how much money you have. Health care should be a right. Millions are protected by the aca and no fundamentally what is at stake with the Supreme Court nomination. History,t our theres been an ongoing and im going for with civil rights and justice. Fight between civil rights and justice. Roe versus wade, which recognizes a womans right to control her own body. 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 her constitution. She advocated for human rights and equality. Up for the rights of women, workers, she fought for the rights of consumers against egg against big corporations. Right sheegacy in the fought so hard to protect on jeopardy are in jeopardy by replacing Ruth Bader Ginsburg is someone who will undo her legacy, President Trump is attempting to roll back americas 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. Safe and legal abortion is at stake. Holding corporations accountable is at stake. There is so much more. Mr. Chairman. Hearing ise this attempting to jam through a Supreme Court nominee that will take his care away from millions of people during a deadly pandemic that has already cared take Health Care Away from millions of people during a deadly pandemic that has already killed millions of americans. We must protect their access to to confirm and wait a new Supreme Court justice until after americans decide who they want in the white house. Thank you. Thank you, senator harris. Senator kennedy . You have anedy beautiful family, judge. In louisiana. We are proud of the fact that in metairiem in a suburb of new orleans, in metairie, a suburb of new orleans. Come back and visit us. I know your mom and dad still live there. We are very proud of you and your career. A solemn occasion, as it should be. Of anothernk position, at least not a asition that is for life, not position in which the occupant is not elected by the people, nhat is more powerful than a associate justice of the Supreme Court. And this process is not supposed to be the big rock candy mountain. Our job is to advise and consent. And that is one way of saying that we are supposed to make has nott the president made a mistake. Se take that job seriously, a you can see, and we know you respect to. You respect that. That is why i may go the next several days to talk about your intellect, which is obvious, by the way, and your temperament, your character, and your judicial philosophy. And i hope we can talk about something else. The role of the federal judiciary. In american life. Judge, i understand this thing can turn sour real fast. The hearings for Justice Kavanaugh. It was a freak show. Cantina barke the scene out of star wars. For someone unaccustomed to it, that it hurts to be called a racist. Its one of the worst things you can call unamerican. I know that it hurts to be called white, colonialist, and i for someone ofrt deep Christian Faith like yourself to be called a religious bigot. Implied thatt because you are adductor, that you are somehow unfit for Public Service. They may call you rosemarys baby, for all i know. I hope not. Know, as we have seen this morning, i know you think it is unfair it is unfair for my colleagues to suggest, some overtly, some more indirectly, that if you are put on the u. S. To bring court, you will be on a mission from god to deny Health Care Coverage for preexisting conditions for every american. W 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 more are not morons. Can see garbage when they see it and see it for what it is. Americans love democracy. We will even fight for it. And we have. And that is a wonderful thing. Its an important thing in todays world. As this will becomes more this world becomes more authoritarian. But we dont have a pure democracy. Morning,st said this when we have to decide a complex issue dealing with social norms or economic issues, we dont all put a toga and go down and vote. We have elected representatives. It is our representatives jobs to decide public and economic policy. If we dont like what they do, we vote them out. They are accountable. But in the last 50 years, the last 25, the u. S. Congress either voluntarily or involuntarily has seated a lot of its power to the executive branch and the federal judiciary. I say the executive branch, im not necessarily talking about the president. Im talking about the administrative state. The bureaucracy. An enjoyment that only kings once enjoyed. They interpret the role models, they litigate their own laws, their own courts before judges they appoint. 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 saying federal judges t like laws but our founders intended to exercise judicial restraint. And to understand the special the, scope, and mission of federal judiciary, the u. S. Congress. I got my car founders i dont think our founders intended judges to be politicians and roads. I think in robes. I think our politicians intended federal judges to tell us what the law is, not what the law ought to be. I think our founders intended federal judges to call [indiscernible] i dont think they intended to be able to redraw the lines. I dont think our founders intended for judges to be politicians in robes. Dont want theu u. S. Supreme court to turn into this. Politicians get to vote their preferences under a democracy. Judges do not. Judges do not. And finally, unlike some of my colleagues, i dont think our founders intended the u. S. A mini court to become congress. I dont think our founders intended members of the u. S. Court to try to rewrite our or the u. S. Constitution every other. Hursday that goes on america everyday. We have averaged the point where one single solitary federal cane in a limited venue enjoin a federal statute or an executive order for the entire country. And our founders never intended that. Two very to close with short quotations, the first stated much more eloquently as Justice Curtis in 1857 case. Dissenting in the 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 what is meaning, we have no longer a constitution. We are under the government of theindividual men, who for time being, have power to declare with their constitution is, according to their own views of what it ought to mean. Finally, a more contemporary statement from a gentleman youre very familiar with, Justice Scalia this is what he said. Lovemerican people democracy, and the american ls. Ple are not foo the American People know their judgments are quite as good as those in any law school. Maybe better. Value judgments after all, should be voted on, not dictated. T with him we are having technical problems are we good . Senator braun. Kinnear me . Can you hear me . Braun chairman graham . Sen. Graham yeah. Sen. Braun it is 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. Town, statea place, that represents a broad crosssection of our country. Scalia, justice antonin wrote that the federal judiciary is hardly a crosssection of americans. Today, it is 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 ill rica, not on the east professional life in middle america, not on the east coast. When confirmed, she will be the only 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 the second current justice to join the court from west of the nations capital. 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. Scholar, justaw 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 intesa painted this question 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. Essay concluded in a 1998 , which we are sure to hear cherry picked over the next few weeks, judges cannot, nor should y try to, align our meat legal system with the churchs moral system when they diverge. Faith is important to most americans and i believe faith should be a keyword in judge barretts confirmation, but i believe the most important question of faith should be, if she willing to faithfully interpret the constitution should be, is she willing to faithfully interpret the constitution . Judge barretts record shows that she will. Written, shens has shown 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 . Sen. Graham thank you, senator. Senator ohara. 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, and hear me, please speak up. Ok. She must be in the 3g. [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 did she do that . [laughter] a quarter in it. I dont know. [laughter] not going to give us a quarter, i know that. Can she hear us . 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. 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 . Tocome to the committee, your family and all the over there. The floor is yours, judge. Judge barrett senator graham, Ranking Member feinstein, and members of the committee, i am honored and humbled to be to appear before you today. I think 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. Think senator young for introducing me as he did at my hearing to serve on the seventh circuit and i also thanked 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. The members of this committee and your other colleagues in the senate would 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 been 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 asked my sister, why do you think marriage is hard . We are always saying that. I think it is easy. She looked at me and said, maybe you should ask jesse if she agrees. He agrees. I decided not to take her advice because i know i am far luckier in love than i deserve. We are the parents of seven wonderful children. Our oldest daughter, emma, is a sophomore in college who just might follow her parents to a career in the law. Next is vivian from haiti. When vivian arrived, she was so weak we were told she might never talk or walk normally, but now she deadlifts as much as the male athletes in our gymnasium and i can tell you she has no trouble talking. Seems to have a math gene and it seems to have a math gene. And jesse, who describes jp described the happygolucky attitude that is still his signature trait. Liam is strong, smart, and kind, and it 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 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 the searing some in this hearing room and some nearby. My kids are my oldest and dearest friends. We have seen them through the hardest parts of life and i am grateful they are here with me now. My parents are watching from their new orleans home. And myer was a lawyer mother was a teacher, which explains why it became a law professor. Why i became a law professor. My parents modeled for me and my siblings a life of service, principles, faith, and love. I remember preparing for a spelling bee against a boy in my class come into boost my confidence, my dad saying, anything boys can do, girls can do better. I spilled my way to victory. 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. Well i consider graduate studies in english, i decided my passion for words was better for deciphering statutes the novels. 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 that my investiture and he is cheering me on from his living room now. I also clerked for Justice Scalia. Students, iy law 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 breaching 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, more than just law. Family,evoted to his resolute in his beliefs, and fearless of criticism. As i embarked on my own legal career, i resolved to maintain that 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, into myself. Definedver let the law my identity or crowd out the rest of my life. A similar principle applies to the rules of courts. Courts have a 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 branches,e political 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 ad most to reach done my utmost to reach the results required by the law never my 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. Like all, cases are not statutes, which are often named for their authors. Cases are named for their 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 prospective of the losing party. How i would feel if one of my children was in the party i was really against. 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. Men the president offered 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 and 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. Committeeore this 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 the seat. She was a model of grace and dignity throughout her distinguished tenure on the court. And i was 21 years old, 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 of value call you. Newi might bring a few perspectives to the bench. I would be the first mother of schoolaged children to serve on the court. And i know it would make n that i young and brau 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 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 duty to the American People as an associate justice of the Supreme Court. Thank you. Sen. Graham thank you very much, judge merrick. Judge barrett. Lets try professor ohara. Any luck . Prof. Ohara i am here, chairman graham. Sen. Graham thank you. 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 personperson i from whom you need to hear. I want to thank the distinguished members of the young and senator 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, 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. She was first in her class, executive editor of a lot of review, held to distinguished two distinguished clerkships for Laurence Silberman and Antonin Scalia, and a fellowship at George Washington University Law school. From my standpoint as dean, we compete for sterling candidates i was responsible for creating an environment in reach thecould 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 an is gnome or because in many ways develop is a bit of a misnomer because in many ways springarrett came fully grown from the academy. Spring fully grown from the academy. Now werents then and in all of the power of her intellect and consummate professionalism. To read her student teaching evaluations is a thesaurus that only has superlatives and it. Minded,r over nondirected discussion, respectful of difference. 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 she was developing relationships with our students, she also proved an producede she also an incredible portfolio of scholarship. Scholars 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. Chicago,aw reviews, 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 quality as her scholarship intellectual rigor, painstaking analysis, clarity of reasoning and writing. 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 judge 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 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 leaves leads an integrated life of mind, heart, and soul, betweenlows her 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 sting wished committee. 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 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. Whilestices i have met, their philosophies may differ and there methodologies and differ,thodologies may what they share is intellect, worth ethic, listening skills, 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 , art as an institution 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 associate justice to the Supreme Court of the United States. Thank you so much for taking this for giving me this opportunity. Sen. Graham thank you, professor ohara. Thank you, judge barrett. 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 30 minute rounds followed by 20 minute 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 confirmation hearing, head to our website to watch the hearing in its entirety or search for portions of interest that is online at cspan. Org. Also on washington journal tomorrow, we will get your reaction to the confirmation process. Washington journal as live every day at 7 00 a. M. Eastern. Following washington journal, our coverage of the confirmation hearing continues as she takes questions from Committee Members who will have up to 30 minutes each. That gets underway at 9 30 a. M. Eastern. You can watch online at cspan. Org or listen on our free radio app. Cspan, yourtching unfiltered view of government. Created by americas Cable Television companies as a Public Service and brought to you by your television provider. Began u. S. Supreme court its new term, hearing oral arguments via conference call. Listen live on cspan. Org Supreme Court. Tuesday, listen live to two cases. The consolidated cases of United States versus briggs and United States versus collins. On wednesday, the justices here uments just justices hear justices hear arguments. The competition is on. Cspanrt of this years video competition. Middleton High School Middle and high school students, be a part of be bold with your documentary. Show supporting and opposing points of view. Winner. There is 100,000 in total cash prizes including a grand prize of 5,000. The deadline to submit videos is january 20, 2021. You will find competition rules, tips and more information on how to get started at our website, studentcam. Org. Who will control congress in january . Stay informed on all of the competitive congressional races leading up to election day with cspans campaign 2020 coverage. Watch the candidates debate and Election Results on cspan. Orch online at cspan. Org listen on the free cspan radio app. Cspan, your unfiltered view of politics. There are 35 seats up for election this year in the senate. Republicans. Ld by Senate Majority leader Mitch Mcconnell is among the candidates running for reelection. Tonight, he is facing his democratic challenger, amy mcgrath in a live debate from lexington, kentucky. My name is courtney. I am bill bryant from wk y t. The mostwatched senate race in america is happening in kentucky. Mitch mcconnell versus amy mcgrath. While we are not in front of a live audience, we know what is at stake is too important not to debate. I will talk with the candidates about everything from the covid19 pandemic to the u. S. Supreme court. Tonight, Gray Television and u. K. Student government will commute said the debate welcome you to the debate. I am bi