Thread by @SCOTUSblog

Chairman of the Senate Judiciary Committee Lindsey Graham (SC) gavels the room into session with some housekeeping remarks and then speaks about Justice Ruth Bader Ginsburg getting confirmed with a bipartisan vote of 96-3.

He's now introducing Amy Coney Barrett including her judicial background, clerkship experience with Justice Scalia, and academic background.

Senator Graham is not wearing a mask while speaking. Feinstein next to him also not wearing a mask. Barrett is still wearing her mask.

Graham trying to head off at the pass criticism that confirmation happening in an election year. "There's nothing unconstitutional about this process."

Senator Graham: "I think I know how the vote is going to come out" & this is "going to be a long contentious week" but asks committee to remember the world is watching. Feinstein says she feels the same way and wants it to be a "very good hearing." Welcomes Barrett and her family

First mention of Covid-19 as Feinstein talks about the risk of losing the ACA and coverage for pre-existing conditions.

The ACA will come up to the Supreme Court once again just one week after the election on Nov. 10.

Senator Grassley (R-IA) praises Barrett's "intellect" and "judicial temperament," chronicles a long list of people who have endorsed her. Says her criticism of Chief Justice Roberts' reasoning in the ACA case is "mainstream." "I know a tax when I see one and this wasn't a tax."

Senator Leahy (D-VT) joins remotely. Like Feinstein, he is focusing on the ACA and says it is at the top of the "hit list." Says Barrett has made it "unequivocally clear" she would vote to overturn.

Senator John Cornyn (R-TX), up for reelection in Nov., touts Barrett's ability to disagree but be not disagreeable. Says he gets a question from his constituents—asks how she and her husband manage careers and family. Says he's confident she will be confirmed.

Senator Dick Durbin (D-IL), also up for reelection, focuses on politics and Trump "refusing" to say he will accept election results. He also brings up the ACA case, coverage for pre-existing conditions, and Barrett's criticisms of the court's interpretation of the law.

Senator Mike Lee (R-Utah) who tested positive for COVID on Oct.2, is in the room and not wearing a mask. He said that his doctor cleared him to return to work. He relates to Barrett as both are from big families. Says Washington is not as partisan as it seems including SCOTUS.

Senator Sheldon Whitehouse (D-RI) leads off with Covid-19, lack of testing and contact tracing. Pivots straight to the ACA on message with the rest of the Dems. Like other Dem senators, he highlights a citizen from his state with a pre-existing condition protected under the ACA.

Several Democratic senators have mentioned a 2017 article Barrett wrote in which she weighed in on NFIB v. Sebelius, the 2012 decision that found the ACA constitutional. Here's the full article: editions.lib.umn.edu/constitutional….

In the article, Barrett wrote that, in NFIB v. Sebelius, "Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute." She was referring to Roberts' opinion upholding the individual mandate as a tax.

Sen. Ted Cruz (R-TX), remotely, accuses Dems of treating the court as a "super-legislature, as a policy making body, as a body that will decree outcomes to the American people." Says the Dem statements on ACA case are mere "policy arguments" & not connected w/ the job of judges.

Sen. Amy Klobuchar (D-MN) focuses on Trump wanting the court to “look at the ballots” after the election. “We cannot divorce this nominee and her views” from this election. Talks about her husband who recovered from Covid, was in hospital for a week on oxygen, and got pneumonia.

Fact check: Klobuchar says Chief Justice Roberts voted "the same as" Ginsburg in NFIB v. Sebelius. Not quite true. Both voted to uphold the ACA's individual mandate as a tax. But Ginsburg (unlike Roberts) also would have upheld it as a valid exercise of the Commerce Clause.

And Ginsburg dissented from Roberts' holding that Congress could not force states to expand Medicaid eligibility.

Sen. Ben Sasse (R-NE) delivers a civics lesson to a hypothetical group of 8th graders. "Religious liberty is the fundamental 101 rule in American life" so there should be no religious litmus test. Spends most of his time bashing court-packing as a "partisan suicide bombing."

Sen. Chris Coons (D-CT), agrees with Sasse that religious liberty is foundational to the Constitution & says he and his colleagues will focus on her legal chops—not her religious beliefs.

Coons is the 12th speaker. There are 22 senators on @senjudiciary. More than halfway done!

Coons claims Griswold v Connecticut (birth control), Roe v. Wade (abortion), and Obergefell v. Hodges (gay marriage) may be in danger of being overruled if Barrett is confirmed.

Sen. Josh Hawley (R-MO) criticizes Dems past critical comments about Barrett's Catholicism.

If confirmed, Barrett would be the 6th Catholic justice on the current court. That's not new. In 2016, there were 6 Catholic justices on the court.

GOP arguing strongly that Barrett's religious views should be off-limits during the hearing. But Barrett herself has written abt the interaction b/w Catholicism & the job of judging. Here's the 1998 article she co-wrote, "Catholic Judges in Capital Cases": scholarship.law.nd.edu/cgi/viewconten…

Sen. Richard Blumenthal of Connecticut, where the horrendous Sandy Hook shooting happened, is the first to mention guns and the 2nd amendment. Here is Barrett's 2nd Amendment opinion he just mentioned: media.ca7.uscourts.gov/cgi-bin/rssExe…

In her dissent in Kanter v. Barr, Barrett argued that the 2nd Amend. doesn't allow gov to prohibit all people w/ felony convictions from owning guns. Barrett said only people shown to be "dangerous" could be stripped of their right to own guns based on a prior felony conviction.

In her Senate Judiciary Committee questionnaire, Barrett listed her Kanter dissent first on her list of most significant opinions. judiciary.senate.gov/imo/media/doc/…

Sen. Thom Tillis joins remotely after testing positive for Covid-19 on Oct. 2. Says she "reaches conclusions dictated by the law, not by personal preference." He continues, "Rights granted by nine can just as easily be ended by nine."

Now recess for 40 min. Back at 12:20 p.m.

We're back. Sen. Mazie Hirono (D-HI) repeats almost verbatim talking point that ACA at the top of GOP "hit list." Healthcare "is personal," saved her life referencing her stage 4 kidney cancer diagnosis. She still has cancer and continues to receive care but not treatment now.

And speaking of verbatim talking points, Sen. Joni Ernst (R-IA) repeats the Republicans' refrain that Dems are trying to turn the Supreme Court into a "super-legislature." She is at least the 3rd GOP senator to use that term in her opening statement. Also makes 1st Biden mention.

Sen. Cory Booker (D-NJ) turns straight to NJ citizens and the ACA. He then describes what he says life would be like for vulnerable women if Roe were overturned. Submits a letter for the record (w/out objection) from Leahy, Harris, and him asking for Covid testing measures.

Sen. Kamala Harris (D-CA) joins remotely from the campaign trail. Says holding the hearing with 50+ people inside a room puts American workers at risk. Turns to the ACA like her fellow Democrats and notes the ACA case comes before court in 29 days.

Sen. Harris: "The United States Supreme Court is often the last refuge when our constitutional rights are being violated" invoking Loving v. Virginia (interracial marriage) & Obergefell (gay marriage). She adds voting rights, workers' rights, consumer rights, and abortion rights.

Sen. John Kennedy (R-LA) says he can't think of any other lifetime position in the Western world that carries as much power as Supreme Court justice.

Sen. Marsha Blackburn (R-TN) wraps up the senator opening statements.

Sen. Blackburn says Barrett would "steer" court toward textualism and originalism. Many of the current justices might argue that no steering is necessary. See, e.g., Kagan and Kavanaugh, JJ., both of whom declared "we are all textualists now" during their confirmation hearings.

The Judiciary Committee members are done with their opening statements. Sens. Todd Young (R-IN) and Mike Braun (R-IN) now introduce Barrett, who will finally get a chance to speak soon. Young and Braun are not on the Judiciary Committee, but they are Barrett's home senators.

The floor is now Barrett's. Sen. Graham instructs Barrett to remove her mask. She stands and is sworn in. She's now delivering her opening statement. (That statement, as prepared for delivery, is here: scotusblog.com/wp-content/upl…)

Barrett talks about her family, her educational background, and her clerkships with Judge Laurence Silberman and Justice Antonin Scalia.

"More than the style of his writing," she says, "it was the content of Justice Scalia’s reasoning that shaped me."

Barrett: "Courts are not designed to solve every problem or right every wrong in our public life. The policy decisions and value judgments of government must be made by the political branches ... The public should not expect courts to do so, and courts should not try."

"When the president offered this nomination, I was deeply honored. But it was not a position I had sought out, & I thought carefully before accepting ... I chose to accept the nomination because I believe deeply in the rule of law & the place of the Supreme Court in our nation."

Barrett pays tribute to Justices Sandra Day O'Connor and Ruth Bader Ginsburg. "I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place. I will be forever grateful for the path she marked and the life she led."

After a short, laudatory statement from Notre Dame Law Professor Patricia O'Hara (who was supposed to introduce Barrett earlier but had tech difficulties with her videoconference), Graham gavels the committee into recess until 9 AM EDT tomorrow.

During the next two days, each committee member will have a chance to question Barrett in two successive rounds (the first lasting 30 minutes per senator & the second lasting 20 minutes per senator).

“We’ve got a couple long days ahead of us," Graham says. "So get some rest.”