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6 key moments from day two of Amy Coney Barrett’s affirmation listening to

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Day two of Choose Amy Coney Barrett’s Supreme Court docket affirmation hearings wrapped up Tuesday night, ending a marathon session wherein Democrats pressed the decide on her positions on issues comparable to abortion and homosexual rights, as Barrett repeatedly demurred, citing the “‘Ginsburg rule” in refusing to have interaction in hypotheticals. 

Listed here are six key moments from day two of Barrett’s listening to: 

1. Barrett impresses by responding to a whole day’s questioning with out utilizing notes

After hours of answering questions on her authorized philosophy and recalling her personal judgments and people of different courts, Sen. John Cornyn, R-Texas., requested Barrett about how she ready.

“You realize most of us have a number of notebooks and notes and books and issues like that in entrance of us,” Cornyn mentioned. “Are you able to maintain up what you’ve been referring to in answering our questions?”

“Is there something on it?” Cornyn requested.


Barrett cracked a smile and held up a clean notepad that was sitting in entrance of her.

“The letterhead that claims ‘United States Senate,’” she responded as giggles echoed all through the room.

“That’s spectacular,” Cornyn mentioned.

2. Barrett cites “Ginsburg rule” in declining to offer her opinion on hypothetical instances

Senate Judiciary Committee rating member Dianne Feinstein, D-Calif., requested throughout Barrett’s affirmation listening to if she agrees with the late Justice Antonin Scalia’s view that the Structure doesn’t assure a proper to homosexual marriage. 

“I am not going to specific a view on whether or not I agree or disagree with Justice Scalia for a similar causes that I have been giving,” Barrett mentioned. “Justice Ginsburg along with her attribute pithiness used this to explain how a nominee ought to comport herself at a listening to: no hints, no previews, no forecasts. That has been the observe of nominees earlier than her, however all people calls it the ‘Ginsburg Rule’ as a result of she said it so concisely and it’s been the observe of each nominee since.”

Barrett held true to the usual all through questions on how she would rule all through the day.

3. Barrett says she knew her religion can be “caricatured” 

Democrats aggressively barraged Barrett with questions on hot-button instances which may have stood at odds along with her Catholic religion, however she remained tight-lipped. 

They famous her chatting with anti-abortion teams prior to now and signing an anti-abortion letter in a newspaper in 2006. 

Barrett mentioned she’d been making an attempt to keep away from her personal media portrayal. 

“I’ve tried to be on a media blackout for the sake of my psychological well being,” Barrett instructed the committee. “You possibly can’t hold your self walled off from all the things and I am conscious of quite a lot of the caricatures which might be floating round.”

She added: “We knew that our lives can be combed over for any detrimental element. We knew that our religion can be caricatured. We knew our household can be attacked. And so we needed to determine whether or not these difficulties can be price it as a result of what sane particular person would undergo that if there wasn’t a profit on the opposite aspect?”

Barrett continued to say that the profit is “that I am dedicated to the rule of regulation and the function of the Supreme Court docket in dishing out equal justice for all. And I am not the one one that can do that job. However I used to be requested, and it will be tough for anybody. So why ought to I say another person ought to do the issue if the issue is the one purpose to say no?”

4. Barrett says she made “no dedication” to the White Home

As Democrats asserted that President Trump had nominated Barrett below the idea she would work to overturn the Inexpensive Care Act and Roe v. Wade, the decide mentioned she had made “no dedication” to take action to the White Home. 

“I’ve had no dialog with the president or any of his workers on how I’d rule in that case,” Barrett mentioned. “It could be a gross violation of judicial independence for me to make any such dedication or be requested about that case and the way I’d rule.”

5. Barrett says Roe v. Wade shouldn’t be “tremendous precedent” 

In a primary, albeit inconclusive, sneak peek into how Barrett may deal with an abortion case, she instructed Sen. Amy Klobuchar that Roe v. Wade was not a “tremendous precedent,” or a settled case that might not be overruled. 

Barrett mentioned {that a} case like Brown v. Board of Training, which banned segregation in colleges, can be thought-about an excellent precedent as a result of “folks take into account it to be on that very small record of issues so extensively established and agreed upon by everybody, requires its overruling merely don’t exist.” 

However the questions on Roe is what led her to conclude that Roe was not a case that might not be overturned.

“I am answering quite a lot of questions on Roe, which I feel signifies that Roe doesn’t fall into that class,” the Supreme Court docket nominee mentioned.


Barrett pointed to Harvard Legislation professor Richard Fallon, who argued Roe v. Wade shouldn’t be an excellent precedent as a result of “requires its overruling have by no means ceased.”

“That doesn’t imply that Roe ought to be overruled,” the circuit courtroom decide mentioned. “It simply implies that it doesn’t fall within the small handful of instances like Marbury v. Madison and Brown v. Board that nobody questions anymore.”

6. Sen. Hirono asks Barrett if she’s ever assaulted anybody, hits decide for utilizing time period “sexual desire” 

Sen. Mazie Hirono, D-Hawaii, opened her questioning time by blasting the Senate for selecting to maneuver ahead with affirmation hearings as an alternative of engaged on coronavirus aid. 

She then requested the decide if she had ever assaulted anybody. 

“Because you grew to become a authorized grownup, have you ever ever made undesirable requests for sexual favors, or dedicated any bodily or verbal harassment or assault of a sexual nature?” Hirono requested.

“No, Senator Hirono,” Barrett replied.

“Have you ever ever confronted self-discipline or entered right into a settlement associated to this type of conduct?” Hirono then requested.

“No, Senator,” Barrett mentioned.

After that, Hirono mentioned that the LGBTQ group had a proper to be “involved” after Barrett promised to not discriminate on “sexual desire.” 

“Sexual desire is an offensive and outdated time period, it’s utilized by anti-LGBTQ activists to recommend that sexual orientation is a alternative — it isn’t,” Hirono mentioned.

“The LGBTQ group ought to be rightly involved whether or not you’ll uphold their constitutional proper to marry,” Hirono concluded.

Later Sen. Cory Booker, D-N.J., requested Barrett about her use of the time period once more.


“In utilizing that phrase I didn’t imply to indicate that it isn’t an immutable attribute or that it’s solely a desire,” she mentioned. “I totally respect the rights of the LGBTQ group. Obergefell was an essential precedent of the courtroom.”

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