(Sophie Mann) During Tuesday’s SCOTUS confirmation hearing, several senators and Judge Amy Coney Barrett herself have invoked what is called “the Ginsburg rule of judicial independence,” in reference to Barrett’s refusal to speculate on what her judicial opinion may be on particular matters.
by Sophie Mann, October 13th, 2020
The late Ginsburg famously said, “A judge sworn to decide impartially can offer no forecasts, no hints, for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.”
Judge Barrett and Republican Senator Chuck Grassley (Iowa) both touched on the “rule” during Tuesday’s hearing, as the judge was repeatedly questioned about her view on hypothetical cases, specifically including her assessments of the Affordable Care Act and legal abortion.
Senate Judiciary Committee Chairman Lindsey Graham (R-S.C.) began his questioning of Judge Amy Coney Barrett on Tuesday by remarking that he believes that, in his view, her confirmation hearing is “about” the “young conservative women,” watching the hearing and coming to understand there are places for them on the high court, just as there were for progressive young women who believed in the political and legal philosophies of the late Justice Ginsburg.
Graham began Tuesday’s hearing by presenting Judge Barrett with a series of rapid-fire questions pertaining to her beliefs in constitutional law in an apparent effort to showcase the judge’s competence and the Senate GOP’s concentration on her qualifications.
To close out his first round of questioning, the senator asked Barrett how she was feeling about her decision to accept the nomination to the highest court in the land from President Trump.
Barrett responded by speaking of her devotion to the law and the role that the Supreme Court plays in American life. “I’m aware of a lot of the caricatures that are floating around … I’ve made distinct choices. I’ve decided to pursue a career and have a large family,” said Barrett.
She continued by talking about how her decision to accept the nomination has impacted her family. “Jesse and I had a very brief amount of time to make a decision with momentous consequences.”
“I’m committed to the rule of law and the role of the Supreme Court in dispensing equal justice for all. And I’m not the only person who could do this job, but I was asked … if the difficulty is the only reason to say no, I should serve my country, and my family is all in on that,” concluded the judge.
California Senator Dianne Feinstein (D-Calif.), the ranking committee member, spent her time questioning the judge about her views on cases pertaining to abortion rights and the continued constitutional question of some of the tenets of the Affordable Care Act, also known as Obamacare.
Supreme Court nominee Judge Amy Coney Barrett will on Tuesday face her first round of questions from members of the Senate Judiciary Committee – with Democrats expected to ask about her views on the Affordable Care Act and abortion rights, while Republicans on the GOP-controlled panel will continue to focus on her widely-accepted qualifications to join the high court.
On Monday, the first day of the expected four-day Capitol Hill hearing, GOP members also made clear they are willing to counter-attack on any questions about Barrett’s Catholic faith.
Judiciary Committee Chairman Lindsey Graham has said he expects a committee vote by Oct. 22. If the GOP-led committee votes in favor of recommending Barrett to the high court, as expected, she would then face a full Senate vote, which she is also expected to pass. Republicans have 53 of the 100 Senate seats.
Supreme Court nominee Judge Amy Coney Barrett will on Tuesday face her first round of questions from members of the Senate Judiciary Committee – with Democrats expected to ask about her views on the Affordable Care Act and abortion rights, while Republicans on the GOP-controlled panel will continue to focus on her widely-accepted qualifications to join the high court.
On Monday, the first day of the expected four-day Capitol Hill hearing, GOP members also made clear they are willing to counter-attack on any questions about Barrett’s Catholic faith.
Judiciary Committee Chairman Lindsey Graham has said he expects a committee vote by Oct. 22. If the GOP-led committee votes in favor of recommending Barrett to the high court, as expected, she would then face a full Senate vote, which she is also expected to pass. Republicans have 53 of the 100 Senate seats.
President Trump nominated Barrett to replace Justice Ruth Bader Ginsburg, who died Sept. 18.
On Tuesday, close eyes will also be kept on committee member Sen. Kamala Harris, who is in the final stretch of the presidential campaign alongside running mate Joe Biden.
Following last week’s debate showing against Vice President Mike Pence, Harris, whose fiery cross-examination of then-SCOTUS nominee Brett Kavanaugh raised her national profile considerably, will likely be judged for her follow up performance.
Harris is appearing over Skype, due to concerns about the novel coronavirus – time will tell if the technological solution will allow her to showcase her signature force.
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