The final day of Supreme Court confirmation hearings for Judge Amy Coney Barrett showed what we already knew: Senate Democrats incorrectly believe that the courts should make policy decisions.
Senate Democrats were relentless this week in their quest to get Judge Barrett to weigh in on their campaign issues, and signal how she would approach cases that might come before her. /2— Carrie Severino (@JCNSeverino) October 15, 2020
"The Democrats’ strategy opposing Judge Amy Coney Barrett’s confirmation is clear: raise the boogeyman that she will overturn the Affordable Care Act and millions will immediately lose their health insurance coverage. Nonsense." RNLA Member Paul Kamenar in @Nytimes— RNLA ⚖️ (@TheRepLawyer) October 15, 2020
As the editors of the National Review pointed out:
[T]hey used the hearings for two main purposes: to highlight issues that hurt President Trump rather than ones that are likely to cause her serious trouble, and to stroke the erogenous zones of their base. They have established that Barrett believes that some gun regulations are incompatible with the Second Amendment, that she is pro-life, and that she believes that Chief Justice John Roberts stretched the text of Obamacare in order to uphold it. All of these beliefs should be considered marks in her favor.
They have not established — they have not come within spitting distance of establishing — what they are trying to insinuate: that she would find flimsy legal pretexts for junking Obamacare, or would mow down all gun regulations, or would somehow prohibit in vitro fertilization.
While Senate Democrats were mostly able to avoid her religious beliefs during the hearings, a contentious topic to many on the left, Senator Feinstein was caught on a hot mic discussing the issue during today's hearing:
After days of Democrats carefully avoiding religion, a hot mic catches Feinstein talking about Amy Coney Barrett’s religious beliefs:— Mary Margaret Olohan (@MaryMargOlohan) October 15, 2020
“She’s been pro-life for a long time...I suspect with her, it is deeply personal and comes with her religion.”pic.twitter.com/tLnsQL7nN1
Senator Feinstein's comments shouldn't come as a surprise to anyone. A Democratic candidate for state Senate in Kansas has gone so far as saying that Judge Barrett's religious convictions should be a topic discussed before she is confirmed to the Court.
In contrast, witnesses speaking in favor of Judge Barrett focused on her impeccable character and commitment to the judiciary as an institution:
“[Judge Barrett] is brilliant, she's a tremendous educator, she's an institutionalist, she's a role model, and I'll say finally, she is an originalist.” Saikrishna Prakash pic.twitter.com/DLj3mCSmk2— GOP (@GOP) October 15, 2020
The testimony from Amanda Rauh-Bieri, one of Judge Barrett’s first law clerks, speaks volumes about her character: “Judge Barrett leads with conviction, generosity, and courage.” #ConfirmACB #ConfirmAmy— RNLA ⚖️ (@TheRepLawyer) October 15, 2020
Laura Wolk’s testimony is a tribute to the impact that Barrett has had on countless people: “Judge Barrett will serve this country with distinction, not only bc of her intellectual prowess, but also bc of her ability to treat everyone as an equal, deserving of complete respect.”— RNLA ⚖️ (@TheRepLawyer) October 15, 2020
WATCH: Laura Wolk, the first blind women to serve as a law clerk on the U.S. Supreme Court, delivers testimony supporting Judge Amy Coney Barrett's nomination to the Court. #SCOTUS #SCOTUShearing pic.twitter.com/AqoJL0gBl2— CSPAN (@cspan) October 15, 2020
The Judiciary Committee is expected to hold a vote on Judge Barrett next week. Click to here to sign RNLA's Letter to the U.S. Senate in Support of Judge Amy Coney Barrett's Confirmation as Associate Justice on the Supreme Court.