And we're back! Day Three of the Barrett hearings are happening whether we want them to or not. I'll be covering from here.
Lindsay Graham is opening with a rebuttal to Sen. Harris last night
Graham now talking about how conservative women are marginalized in political discourse
Graham says this is the first time in history Republicans have nominated a woman who is unashamed of being pro-life and it's really so sad how much they run away from Sandra Day O'Connor
Graham again complaining about how little ACA money South Carolina gets
Graham now asking about abortion and the criminalization of IVF and is trying to rehabilitate Barrett's unwillingness to say IVF would be criminalized under her view of fetal personhood
Graham engaging in excessive bad faith arguing right now, even for him
Graham now pushing GOP talking points of ballot harvesting/fraud ugh this is gonna be a long day
Graham asks if there is a constitutional right to a polygamous relationship as a way to try and undercut Obergefell and marriage equality
Barrett already sounds defensive and Graham is the friendliest of witnesses she can have
Graham again bringing up national anti-choice legislation he's pressing
Expect a federal 20 week abortion ban real soon
Now Feinstein is up and is once again delighted to see Barrett's family with her 😐
The good news is the Democratic questioning only gets better from here
Feinstein asks Barrett a question on age discrimination in employment and notes an increasing number of households are led by workers 50+ with no job security and little savings
Grassley is up now. Will likely yell at the clouds
Grassley starts off by congratulating Barrett on doing a very good job answering questions 🙃
It's time to get real, Grassley says
I have no idea I'm just here reporting
Grassley has moved on to government rationed health care
This sounds like a Grassley rant in the judiciary committee circa 2009
I think maybe Grassley just called the federal judiciary The Bad Place?
He wouldn't be wrong, if so
Grassley now talking about cameras in the courts and this is one point on which we totally agree
LIVESTREAM ALL THE ARGUMENTS ALWAYS INCLUDING SCOTUS
Sen Leahy up now and he also wants cameras in the courtroom
DAYLIGHT IN THE COURTS NOW PLEASE
Leahy always sounds like he's got a mouth full of marbles and appearing remotely isn't exactly helping
Leahy starts with a line of questions on the Affordable Care Act and whether Barrett has ever spoken out in *defense* of the health care law
Barrett answers nope never done anything like that
Leahy now asking Barrett about her unwillingness to say that the President can't refuse to comply with a court order.
Even Gorsuch and Kavanaugh said so during their hearings.
Leahy gives Barrett another chance to answer.
Barrett dances around here
Leahy and Barrett having a conversation about the national guard coming in to enforce Brown and it's all pretty dystopian
Leahy asks Barrett if the president can pardon himself
Says she can't answer that
Sen Cornyn up now he's here to wax philosophically with Barrett. Says she wont need her notepad
I might need a drink though
Wonder how long till Cornyn waxes poetic about his decades long crusade to take health care away from folks
Cornyn asks Barrett a question about standing and she answers by using Graham's 'fetal pain' bill as an example
You can't just come to court because you don't like Sen. Graham's fetal pain bill, Barrett says. You have to show you are injured by it.
THIS IS A HUGE RED FLAG ABORTION FOLKS
Anti-choice advocates have been trying to challenge standing in abortion cases for years, and just last term the Court turned away one such challenge.
By Barrett's analysis here only a patient needing a 20 week abortion could sue
Sen Durbin up now. I took a little break to listen to mashups because self care matters more than ever
Durbin starts off with voting and conservative efforts to suppress the votes
Barrett getting combative with Durbin on race discrimination
I feel like Durbin is a very good example of the challenge Dems have moving forward. Like. He's not bad. Sometimes he's good! But effective? Not sure.
I feel like if Barrett is this testy with Durbin she's going to take her earrings off when A-Klo is up
Sen Lee up now. Reminder that yesterday he was spreading both COVID and lies about abortion all over the Barrett hearings
Lee says he's going to start by talking about religious freedom but somehow I *DONT* think he wants to talk about the Muslim Ban
Lee wants Barrett to talk about Blaine Amendments-- those are prohibitions on taxpayer funding of religious schools
Conservative SCOTUS totes hate Blaine Amendments
Lee now asking Barrett about Price v Chicago a case that challenged a Chicago protest zone around abortion clinics. She voted to uphold the protest zone because she had to. Her face answering the question says it all.
Lee now asking about a fetal remains opinion Barrett wrote that was ultimately went up to SCOTUS. @AngryBlackLady wrote about that case here
Ted Cruz says Democrats want Charles Mason to vote because felons only vote Democrat which is an interesting argument given the indictments racing through the Trump/RNC camps
Cruz moves on to the Federalist Society and dark money and also makes fun on Whitehouse's poster board and also calls out Demand Justice specifically and I love how upset Cruz is by all of it
Remember when Trump put Cruz on his SCOTUS shortlist just to humiliate Cruz?
Listening to Cruz now-- so does Cruz
Ted Cruz calls 'school choice' the civil rights issue of the next decade in case it wasn't clear WHY Republicans were pushing schools to open during COVID with zero distance learning support/plans for handling outbreaks knowing it's a disaster in the making
The thing with Republicans is that there is always a tell.
Cruz moves on to "packing the court" and calls it an abuse of power with a complete straight face in today's proceedings
Okay quick break for lunch or screaming inside your hearts. Or both!
And we are back! A-Klo is up and reminds us all this isn't normal and these hearings shouldn't be happening
AKlo turns immediately to the Affordable Care Act and the arguments the Trump administration is CURRENTLY making that the entire health care law has to go
Barrett's dislike of Klobuchar is palpable
Klobuchar brings up Barrett's work as an attorney working on Bush v Gore, the 2000 Supreme Court case that handed the presidency to Republicans
Klobuchar is straight up chuckling at some of Barrett's responses and frankly I'm here for it
Sen Sasse is up now and I bet we talk about civics and 8th graders
His first question is how what she'd consider a successful career after spending "30 or 40 years" on the Court 😫😫😫😫
Civics champion Sasse does't want cameras in the court because cameras in the court is contrary to transparency according to Sasse so good luck untangling that pretzel logic
Sasse now asks why is the Ninth Amendment even
Sasse now wants to know why the First Amendment has so many parts
Sasse is speechifying
Ugh now he wants to talk about baseball because we're doing an entire Opie schtick
Somehow this is going to be a story about Democrats being cheaters and Republicans being the real victims
Texas making fun of Nebraska for a lack of sports teams is gonna strike a lot of nerves glad we can do this while the country burns
Sen Coons is up now time for the yuk yuks over sportsball to end fellas
Coons turns right to originalism and the right to privacy
Scalia thinks Griswold was wrongly decided. Do you agree with Scalia there Coons says
Barrett says she can't express a view on this
Barrett calls states trying to ban contraception an "academic" question
Barrett won't say if she thinks Griswold was correctly decided just that she doesn't think it is "going anywhere"
Barrett specifically says she thinks Coons wants to know because he's gonna ask if she thinks Roe is correctly decided
So lets be very clear here. Barrett does not believe in a right to privacy
Sexual privacy rights encompass many freedoms, all of which are at risk with a Barrett confirmation
Coons has a poster board with over 100 cases and the difference between a 5-4 conservative majority and .... not
It's a stark exhibit of just how much power the Court wields over our lives even as all this theatre feels so remote
Josh Hawley is up now and again why
His first question is asking if there's a legal movement to challenge Griswold
Hawley now brings up Bork
The Borking of Amy Barrett is a terrible headline someone make it go away
Is it fair to say you are an independent woman, Hawley asks Barrett
Good grief we've got 19 more minutes of this
Also why are Republicans suddenly running away from Scalia
Josh Hawley bringing up Hunter Biden with about 10 "hypotheticallys" thrown in there
Hawley is Eric Trump basically
Hawley gonna talk about the free exercise of religion for evangelicals
Barrett tells Blumnethal she had a glass of wine last night after the hearing
and readers I didn't even have a drink yesterday
Barrett's mic cuts out because maybe the universe decided we all could use a break
Is it the rapture and have we all been left behind at this Barrett confirmation hearing
And we're back! I have apparently neither been raptured nor left behind I am indeed still stuck here listening to this hearing
Blumenthal returns to banning IVF and Barrett still won't say whether she believes IVF can be constitutionally banned
Blumenthal asks if Brown was correctly decided
Barrett says it was correctly decided
The Loving Case: Barrett says it was correctly decided
Griswold: Barrett gets cagey
Blumenthal says the fact that Barrett thinks Griswold isn't likely to be challenged is MORE reason for her to be willing to say Griswold was correctly decided
Barrett offers up word salad in response
Barrett says she would be surprised if people think contraception is about to be criminalized
Listen y'all. Barrett opposed birth control access for Notre Dame students AS A LEGAL POSITION while a prof there
Lawerence v Texas: Barrett won't say if she thinks it was correctly decided
Obergefell v Hodges: Barrett wont say if it was correctly decided
LGTBQ rights are directly on the line with her
Reminder Barrett said Brown v Board was correctly decided. Also binding precedent of the Supreme Court. So she *CAN* when she wants to.
That was a devastating line of questioning
Blumenthal pivots to corruption and then climate change and Barrett won't offer up if she thinks climate change is real
OOOH A QUESTION ON THE SUPREME COURT SHADOW DOCKET THIS IS SEXY STUFF FOR LAW NERDS
The 'shadow docket' is a term referring to emergency orders/opinions that happen outside the usual court practice
Welp we lost audio again
We're back this time with Tillis asking Barrett about guns and sheriffs who would refuse to issue permits
Tillis asks how she would approach the case and Barrett has no problem walking into this hypothetical despite the fact that this kind of case could come before her
Amy Coney Barrett talks about the confirmation process and how her children would be attacked and that is some nonsense
weaponizing her white motherhood for conservative sympathy is so gross
Tillis now brings up abortion and Gonzales v Carhart and "late term abortion"
Reminder late term abortions are not a thing and Tillis needs to stop equating them with his granddaughter who was born premature
Barrett again brings up Graham's 20 week abortion ban as though she's signaling for one to land before her. 🤔
Tillis just said he hopes everyone votes on November 11th
That would be .... the day after SCOTUS hears the ACA case and not election day
Hirono up now and wastes no time challening Barrett on supporting Trump's public charge rule which would deny visas to immigrants the administration thinks will use public benefits
The effect of the public charge rule is devastating and a reproductive justice issue.
Hirono asking Barrett about her decision in Price v Chicago the case where Barrett reluctantly upheld an abortion clinic protest zone law and basically begged anti-choice attorneys to appeal that decision to SCOTUS -- which they did
SCOTUS didn't take the case
@steve_vladeck gets a shout out from Hirono noting Barrett's confirmation would lurch the Court to the right
Hirono brings up the Supreme Court's order issued yesterday allowing the census count to be cut short
Hirono asks Barrett if she thinks voting discrimination exists and Barrett says we have the Voting Rights Act
Oh yay Sen Ernst is up now and I'm already annoyed
Ernst going to take up the cause of conservative women reclaiming "feminism" and my stomach hurts
Ernst is talking about an ideological litmus test for women and she asks Barrett to respond to folks who say that she's not RBG
I mean. She's not.
Conservative women fare just fine in politics and this gendering of white resentment politics is awful
Patriarchy is bullshit across the board but miss me with your poor downtrodden conservative women schtick
Ernst is now doing a word cloud for Barrett
Did Ernst just bring up her daughter's Black friend?
I swear to cheesus conservatives cannot help themselves
Sen Booker up now and dives right into the public charge rule
Booker asks Barrett if its wrong to separate children from their parents to deter them from coming onto the country and Barrett wont answer
Booker does a very good job communicating how disappointed he is in Barrett in general
Booker now brings up racial disparities in policing, especially through the war on drugs. Notes white folks and Black folks use drugs in the same amounts but policing doesn't reflect that
Booker bringing up virtue tests to vote. We ran a piece on Amy Coney Barrett and virtue tests yesterday!
Next up is Sen Crapo. Again a reminder that it is CRAY-po not CRAP-oh.
I mix it up all the time too
CRAY-po insisting Republicans are not challenging pre-existing coverage and says its not at risk in the Supreme Court case and that is a bald face lie
CRAY-po also says Tillis has legislation to protect pre-existing conditions pending which WHY ARE YOU PASSING A BILL IF THIS ISNT A THING
Barrett keeps flicking at Brown v Board in discussions of precedent and makes me think she'll cite that in the opinion she writes to overturn Roe
These are some of my hard balls CRAY-po jokes, making everything instantly awkward
Sen Harris up now and starts immediately with the Voting Rights Act
Harris is giving a devastating history of racialized voter suppression in the context of this Voting Rights Act discussion
Barrett says he's very happy to day that racial discrimination exists in this country and sometimes slips like that just happen after a long day 🙃🙃🙃
Harris now going through Barrett's history of ruling against workers while on the Seventh Circuit Court of Appeals
Harris brings up climate change and it's clear Barrett thinks this is matter up for debate
Kennedy asks Barrett if she is a racist, if she likes clean air, and if she supports science and if she likes puppies
Big reveal: The Barretts' have a pet chinchilla
Kennedy now talking about California's history of discrimination to rebut Sen. Harris
Barrett talking about Brown and reliance interests the South had in Plessy makes me very nervous about abortion rights
I do not want Sen. Kennedy talking about state constitutions no thanks
The reason I don't want Kennedy talking about state constitutions is because voters there have a measure on the ballot to amend the state constitution for an abortion ban
Good morning, Twitter! I am here to live-tweet through much of the Amy Coney Barrett hearing today.
It's going to be a long day so grab some snacks, some water, and stretch as needed. Here's what is in store
Each member of the Judiciary Committee will get 30 minutes to question ACB then a round of 20 minute questions. All over the course of the next two days
Lindsay Graham opened today's hearing complaining about the Affordable Care Act and that California gets more money than South Carolina
So I've reached the point in quarantine where I'm just hacking at my hair with scissors this is normal right
Growing up my aunt did hair in her basement and it was a real big deal when I could go to the salon and wow I wasn't expecting COVID to have quite SO MANY class triggers but here we are
Now I'm thinking of my aunt's salon in her basement in Omaha in the late '80s and what a complicated space that was and how she's holding tight to it now and there's an essay here
So. I've been following Mike Pence's career for well over a decade now. I have two books where his anti-choice policies feature prominently! Some might say I have a *thing* for Mike Pence. And they wouldn't be wrong and we can all talk about that later. FOR NOW I'LL SAY THIS
This is a man who has built an entire career around enshrining his specific religious world view on the rest of us.
He wants to prosecute you if you don't deliver a healthy baby to the state
He will try and "pray the gay away" out of you which is euphamistic violence
And when given a chance to loudly and proudly proclaim these beliefs to the rest of the country he punted. He and other evangelicals don't actually have the courage of their convictions.
Look I know my prattling on about the steady march of fascism in the federal judiciary is probably growing tiresome BUT I AM WHO I AM AND IT IS WHAT IT IS
I'm that bitch who was blogging about blue slips during the Obama administration