Thread by @jbendery

Day 3 of Amy Coney Barrett's confirmation hearing.

Dianne Feinstein opens, again, with family talk.

"I'm delighted to see your family here again. I hope they feel that very special sense of pride in you.... I was thinking of my children and grandchild."

Progressives have been fuming at Dems like Feinstein for treating this situation as business as usual.

“It’s becoming increasingly clear that Democrats are not doing enough to show that this is an illegitimate process w/ an illegitimate nominee." huffpost.com/entry/democrat…

Barrett, again, won't say whether a president can unilaterally delay an election.

She says she won't discuss “legal hypotheticals."

Things Amy Coney Barrett has avoided answering in her confirmation hearing:

*If a president should commit to a peaceful transfer of power
*If voter intimidation is illegal (it is)
*If a president can unilaterally delay an election

Things Amy Coney Barrett has answered in her confirmation hearing:

“Do you speak any foreign languages?”

“Do you play any instruments?”

“Why do judges in our system wear robes?”

Huh. Amy Coney Barrett didn't know that Supreme Court justices are not bound by the federal judiciary's code of conduct for judges.

"I'm surprised because I did think it was by a statute that applies to everyone. I'm surprised."

Ted Cruz notes only 2 Dems in the room + suggests it's bc they have no substantive criticisms of Barrett.

Durbin interjects, irritated: "We're in the midst of a COVID-19 crisis, a pandemic. Some members are in their offices following this on TV."

"Incorrect" to say they're MIA.

Cruz brings up Federalist Society, the conservative legal org driving Trump's entire judicial selection process.

Leonard Leo, the group's exec VP, has been central to picking + confirming FOUR SCOTUS justices.

He personally rec'd Kavanaugh to Trump.
huffpost.com/entry/leonard-…

Who is a member of the Federalist Society?

John Roberts
Samuel Alito
Neil Gorsuch
Brett Kavanaugh
Amy Coney Barrett

The vast majority of Trump's 53 appeals court judges

Oh here we go, Ted Cruz bringing up court packing.

"Packing the court is wrong," declares Cruz, trying to make Biden look bad for dodging Qs about this.

Republicans are the ones who've been trying to court pack for YEARS. At least 20 times with state Supreme Courts + efforts to change sizes of US courts. huffpost.com/entry/court-pa…

Republicans have made a lot of bad faith claims throughout Barrett's hearing.

Ted Cruz's + Ben Sasse's fear-mongering on court packing is among the worst. They know what they're saying is garbage.

They want people to think Biden is a radical (lol) who will add seats to SCOTUS when he wins.

They know that's absurd.

Cruz/Sasse just want your attn off of what they are doing right now: racing thru a SCOTUS nominee amid a prez election to ensure Trump gets to fill the seat.

Back from lunch.

Klobuchar is up and gets straight to the point.

"I want to start out, again, by reminding friends at home, people at home, that this isn't normal."

"We shouldn't be here right now," says Klobuchar.

"We are in the middle of the pandemic and people are sick. We are in the middle of the election and people are voting. And yet, here we are, stuck in a nomination hearing."

Klobuchar runs through Barrett's past statements critical of the ACA + abortion rights, and notes Barrett has said Antonin Scalia is her mentor.

All things point to Barrett having "the polar opposite judicial philosophy of Justice Ginsburg," she says.

"That would change the balance of this court, which is already 5-4 and known as very conservative, to 6-3," Klobuchar says. "And that would have repercussions for the American people."

Klobuchar notes Barrett worked on Bush vs Gore for a brief period.

"Such a coincidence to me," she says. "I think the public has a right to know that now 3 of these justices have worked on the Republican side on a major, major issue related to a presidential election."

(The other 2 justices who worked on Bush v Gore are Roberts and Kavanaugh.)

Sasse is up. Some hard-hitting stuff here.

"How should senators look back on their career and how does it differ from judges?"

"I'd like to talk about the Houston Astros, who are miserable cheaters," says Sasse, eating up his time.

"They steal signs. They bang on cans. They've done a whole bunch of miserable things, historically, and they deserve to be punished more than they have been."

Without a whiff of irony, as Republicans rush to put Trump's pick on the Supreme Court before he potentially loses reelection in 3 weeks, Sasse implores people to "excise from our language this idea of conservative and liberal blocs on the court."

Another reference to Griswold vs Connecticut.

Every. Time.

Josh Hawley now trying to smear Hunter Biden in Amy Coney Barrett's confirmation hearing.

And... Amy Coney Barrett's mic went out.

Hearing is CHAOS.

Not really, but now the hearing is on pause.

We're back. Blumenthal is up. He asks Barrett if she believes humans cause global warming.

"I don't think I am competent to opine on what causes global warming or not," she says.

(Scientific experts have concluded yes, with more than a 95% probability.) climate.nasa.gov/causes/

And... this hearing has no sound again.

USA! USA!

Would that be controversial or not judicial-y for Barrett to say yes, humans contribute to climate change?

It's established science.

Back to the "short recess" screen because the U.S. Senate has no sound in its Supreme Court confirmation hearing.

Spotted: Merrick Garland crawling on the floor unplugging Amy Coney Barrett's microphone.

JK JK.

What a cluster.

Hearing is back.

"You've been a great mother and wife," Thom Tillis tells Barrett.

Just noticed Mazie Hirono's pin.

It's RBG's face.

Joni Ernst is up.

She says Barrett is like RBG because they were "both amazing working moms."

Cory Booker: Do you think it's wrong to separate a child from their parent to send a message?

Barrett: I think you're trying to get me to talk about the Trump admin's immigration policy and I can't express a view on that.

Booker: Have you ever waited 5 hours to vote?

Barrett: I have not.

Booker: Have you ever waited more than an hour?

Barrett: I have not.

Booker notes that in Wisconsin's primary this year, many polling places had long, long lines in communities of color.

In Milwaukee, just 5 of 180 polling places were open. Predominately black community.

In Madison, 66 were open. Predominantly white community.

Crapo is up. Says Booker implied Barrett wouldn't be sensitive to equal justice for all.

"I find it just incredible that a mother of children of different races could be accused of not being sensitive nor willing to protect the rights of all under the Constitution."

Here's a better shot of Mazie Hirono's RBG pin, via Getty.

Ok last Democrat is up.

Kamala Harris.

Harris: Do you agree with Justice Roberts when he said voting discrimination still exists?

Barrett: "I will not comment on what any justice said in an opinion, whether an opinion is right or wrong, or endorse that proposition."

Harris: Do you accept that COVID-19 is infectious?

Barrett: Yes.

Harris: Do you accept that smoking causes cancer?

Barrett: Yes.

Harris: Do you believe climate change is happening and threatening the planet?

Barrett: I will not answer that because it is a contentious matter.

How is a question about the reality of climate change "a very contentious matter" that a judicial nominee cannot discuss? It's science.

Harris' response: "You've made your point clear that you believe it's a debatable point."

Sen. Kennedy just dismissed Harris' line of questions because "she's running for vice president."

"She thinks American is systemically racist. I don't," says Kennedy, a white Louisiana senator. "I think our entire history is the best evidence of that."

"I don't think we're a racist country. I think we're a country that has some racists in it."