Tim Barlow
Tim Barlow
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Organization / File / notebook / 162 min of reading
  • The hearing of marathon for potential future justice focuses on how it might govern on an upcoming challenge to the Affordable Care Act.
  • Senator Lindsey Graham also asked Barrett about “severability”.

“I'm really impressed, thank you,” Senate Ranking Committee member Dianne Feinstein told Supreme Court nominee Amy Coney Barrett on Wednesday, as the hearing of marathon for potential future justice continues, to focus on how it might govern on an upcoming challenge to the Affordable Care Act (ACA). Feinstein's comment came after Barrett went into a detailed definition of “severability”, which Barrett described as the central issue in California v. Texas, on Tuesday. The ACA challenge is due to be argued before the court on November 10.

The Wednesday proceedings were different from Tuesday's, of course. Barrett continued to stonewall Democrats when asked directly to opine on laws and cases that might come before her as a justice. Specifically when Feinstein asked Barrett about the Supreme Court case Shelby County v. Holder, which had to do with the Voting Rights Act, Barrett replied that

so far as I know that question has never been litigated.. because it would be opining on an open question.. it's not one in which I can offer a view.

Leahy asked Barrett about the Emoluments Clause and whether she could express an opinion on it.

“Because there is a political agenda here and whether you are privy to it, the party of it notwithstanding, it has to do with the Affordable Care Act”,  Graham defended Barrett's non-answers. He later added that Barrett is in the same league as Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh, and “in my view, this is exactly where you should go, to the Supreme Court.”

The second day of hearings went on for more than 11 hours, and the third day on Wednesday is expected to last quite long as well. All 22 senators on the committee got 20 minutes to question Barrett and potential 10-minute rounds of questioning to follow.

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