Amy Coney Barrett shut down a rather rude line of questioning from Dianne Feinstein and she did it with a smile and in that way secured respect from both sides of the aisle.
These hearings are mostly farce – the GOP has the votes but DC loves a good show and Amy did not disappoint.
Dianne asked: That is too bad because it is rather a fundamental point for large numbers of people in this country. I understand you do not want to answer these questions directly, but you identify yourself with a justice that you, like him, would be a consistent vote to roll back hard-won freedoms and protections for the lgbtq community. What I was hoping you would say is that this would be a point of difference where those freedoms would be respected. you have not said that.
Amy shut her down with a brilliant answer:
Senator, I have no agenda and I want to be clear that I have never discriminated on the basis of se***l preference and would not ever discriminate on se***l preference. Like racism, I think discrimination is abhorrent. On the question of law, however, because I am a sitting judge and because you cannot answer questions without going through the judicial process, I cannot give answers to those very specific questions.
From Fox News:
On ObamaCare, Feinstein gives examples of people with pre-existing conditions who she says will be threatened by the upcoming lawsuit.
She asks Barrett how the loss of ObamaCare’s protection against lifetime coverage caps factor into the court’s consideration for its validity.
Barrett says the case doesn’t present that issue, and doesn’t challenge pre-existing coverages or lifetime maximum caps.
Feinstein asks what is her view.
Barrett says any issue that would arise should be determined by the law, by the text of the statute and by precedent.
“If there were policy differences or policy consequences, those are for this body,” she says.
On guns, Feinstein asks if federal, state and local governments have an interest in “preventing a rise in gun violence, particularly during a pandemic.”
Barrett says Heller leaves room for gun regulation and that’s why there has been a lot of litigation in lower courts — but says it does not make gun rights absolute.
Feinstein asks if she agrees with Scalia that Roe was wrongly decided.
Barrett says she can’t recommit to a stance, and says she does not have an agenda to overrule Casey.
Feinstein asks whether she believes Roe should be overturned — Barrett says that it is a case that could be litigated.
“It’s a contentious issue and that’s why I know it would be comforting for you to have an answer,” but says she can’t precommit.
“That makes it very difficult for me, and for other women on this committee,” Feinstein says
Barrett says precedent is the principle that you don’t overrule or “roil up the law” without good reason.
Asked if she thinks she should recuse herself from the ObamaCare case — she says that that is something that is done with consultation with other justices, so she cannot answer in abstract.
Judge Amy Coney Barrett: I interpret the Constitution as a law, it is not up to me to update it or infuse my own policy views into it pic.twitter.com/XZAyPXD1b1— Team Trump (Text VOTE to 88022) (@TeamTrump) October 13, 2020
When asked if the Constitution gives the president the authority to delay an election, Judge Amy Coney Barrett says, “If I give off the cuff answers, then I would be basically a legal pundit and I don’t think we want judges to be legal pundits.” https://t.co/AeN45XpD9t pic.twitter.com/dWe4UpaCS3— ABC News Politics (@ABCPolitics) October 13, 2020