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