WASHINGTON • US Supreme Court nominee Amy Coney Barrett will tell senators in her high-stakes confirmation hearing this week that she will approach cases based on the law, not her personal views, as Democrats urged her to step aside on an upcoming challenge to the Obamacare law and any potential election-related disputes.
The four-day hearings began yesterday in the Senate judiciary committee, a key step before a final full Senate vote by the end of October on her nomination for a lifetime job on the court.
Yesterday's session mainly involved opening statements, with some lawmakers participating remotely because of the coronavirus outbreak, which has directly affected the committee.
Committee chairman Lindsey Graham said it is the Senate's constitutional duty to confirm Ms Barrett as soon as possible.
Utah Republican Mike Lee, who received a positive Covid-19 diagnosis 10 days ago, gave his 10-minute opening statement without a mask. Other lawmakers also did not wear masks while speaking. North Carolina Senator Thom Tillis, the other committee member who recently tested positive for Covid-19, participated remotely.
"This is going to be a long contentious week," said Mr Graham, adding: "Let's make it respectful. Let's make it challenging. Let's remember, the world is watching."
Ms Barrett, who sat at a table facing the senators, wore a black face mask. Her husband and seven children sat behind her, also wearing protective masks.
Ms Barrett herself will make her own opening statement after the 22 members of the committee are given a chance to speak, and will face questioning from senators today and tomorrow.
According to a copy of her prepared remarks released on Sunday, Ms Barrett, 48, will say that as a judge she seeks to "reach the result required by the law, whatever my own preferences might be".
"When I write an opinion resolving a case, I read every word from the perspective of the losing party," she said on her approach to cases. "I ask myself how would I view the decision if one of my children was the party I was ruling against."
Ms Barrett's confirmation to replace the late liberal Justice Ruth Bader Ginsburg would create a 6-3 conservative majority in the court that could lead to rulings rolling back abortion rights, expanding religious and gun rights, and upholding Republican-backed voting restrictions, among other issues.
Democratic opposition to her on policy issues has focused on her possible role in deciding a case before the Supreme Court in which President Donald Trump and Republican-led states are seeking to invalidate the Affordable Care Act (ACA) healthcare law, often referred to as Obamacare.
Senator Dianne Feinstein, the senior Democrat on the committee, noted that Ms Barrett had criticised the court's 2012 ruling, authored by conservative Chief Justice John Roberts, that upheld the law.
Ms Barrett could be on the court by the time the case is argued on Nov 10. "This well could mean that if Judge Barrett is confirmed, Americans stand to lose the benefits the ACA provides," Ms Feinstein said.
Senate Democratic leader Chuck Schumer said Ms Barrett should recuse herself from any cases involving the presidential election because of Mr Trump's statements in which he said the court is likely to hear election cases. Mr Trump, who is running for re-election against Democrat Joe Biden, has indicated he expects the court to rule in his favour if Ms Barrett is confirmed.
"She doesn't come unbiased and that's why she should recuse herself," Mr Schumer said.
However, with Republicans holding a 53-47 majority in the Senate, Ms Barrett's confirmation seems assured.
Ms Barrett, a devout Catholic, is also expected to face Democratic questioning on abortion. In 2006, while teaching law at the University of Notre Dame, she added her name to an advertisement opposing "abortion on demand" and also signed a similar statement in 2013, she disclosed last Friday.
REUTERS, BLOOMBERG
