Capital. Shes xektded today to focus on family, morals and her judicial philosophy in her own opening statement. That will come after 22 members read their Opening Statements inside the hearing room. The seats socially distanced. Some senators participate virtually in todays nomination hearing. Some republicans, one of whom tested positive of coronavirus after attending that rose garden where the president selected the judge as the nominee. Republicans say they are following cdc guidelines. We have our entire team joining us this morning to take us through this step by step. Lets go to our senior Congressional Correspondent mary bruce, this will look different from hearings past. Were going through this pandemic and we he days until election day, we should note, well more than 5 million americans have voted in this president ial election. Reporter david, we have covered many historic hearings in this room, i have never seen any quite like this. You can see the room itself, physically different, theres that second row in the dais set up to give members more room. No members of public allowed. That will simply not be an option today. So many members will be participating remotely, including senator kamala harris, remotely in from her office. In person, senator mike lee of utah who tested positive shortly after he attendd that rose garden ceremony to mark the nomination of Amy Coney Barrett. This is going to be a bruising and likely bitterly partisan hearings over these next four days. 22 days until the election. Republicans are looking for a win here. Hoping to energize their base with the pick of Amy Coney Barrett, while democrats essentially powerless, they dont have the votes, theyll focus on the issues at stake, especially the Affordable Care act. The chairman of the committee, senator lindsey graham. Make sure its cdc compliant. Set up the room in a fashion that we can safely do our business. Senator lee is back. Youve been cleared by your physician. Welcome back. The covid problem in america is real. Its serious. Its dangerous. We have to mitigate the risks, id just let american know that many of you are going to work today, probably have been at work, and i hope your employer will take care of your healthcare needs, but we do have a country that needs to move forward, safely, and there are millions of americans, cops, waitresses, nurses, you name it, going to work today to do your job and were going to work in senate to do our job and one of our the most important jobs the Senate Judiciary committee will ever do have hearings and confirm a justice to the Supreme Court. For housekeeping purposes, the first day traditionally, Opening Statements by colleagues. Well do tenminute rounds. Everybody will have ten minutes to talk about their views of the hearings and what this is all about. A panel to introduce judge barrett and shell make an opening statement. Well try to finish midafternoon, if thats possible. Tuesday and wednesday will be long days. 30minute rounds for every senator, following by a 20minute round, my goal is to complete that wednesday. Thats some kind of reasonably hour in evening. Thursday, well begin the markup, i intend to hold it over and bring the committee back on the 22nd to vote on the nomination. So if i may, ill start off with an opening statement. And say why were here. Number one, Justice Ruth Bader ginsburg died on september the 18th. What can you say about Justice Ginsburg . She was confirmed 963. Now, those were days that have since passed. I regret that. 963. Now this was a person who worked for the aclu, someone who was known in progressive circles as an icon. Apparently just about every republican voted for her. Her good friend on the court, Justice Scalia, i think got 97 votes. I dont know what happened between then and now, i guess theres we can all take some blame, but i just want to remind everyone that there was a time in this country where someone like Ruth Bader Ginsburg was seen by almost everybody as qualified for the position of being on the Supreme Court understanding that she would have a different philosophy than many of the republicans who voted for her. 27 years on the court. Before becoming a member of the court, she was an active litigator, pushing for more equal justice and better rights for women throughout the country. Her close friend until his death, Justice Scalia called her the leading and very successful litigator on behalf of womens rights, the Thurgood Marshall of that cause. What high praise. I cantay a than that view, thg before this committee is a category of excellence something the country should be proud of, and shell have a chance to make her case to be a worthy successor and to become the ninth member of the Supreme Court of the United States. On september 26th, judge amy barrett was nominated by President Trump to the Supreme Court. Who is she . Shes a judge sitting on the 7th judicial circuit. Shes highly respected. She was a professor at notre dame. Three years during that tenure, she was chosen by the students to beprofesr, which imo easy t college. Shes widelied a mierd for her integrity. She grew up in new orleans. Graduated from Rhodes College in memphis, tennessee. Graduated summ cum laude, first in her law school at notre dame. So academically shes very gifted. She clerked for Lawrence Silberman on u. S. Court of appeals for the d. C. Circuit and then for Justice Scalia on the Supreme Court. She practiced law in washington, d. C. She joined the faculty at notre dame in 2002. Shes published numerous articles in prestigious journals. Shes been a Circuit Court judge at the 7th circuit since 2017. She was confirmed to that position in a barsan vo shes heard h c in that capacity. She said i clerked for Justice Scalia more than 20 years ago but the lessons i learned still resonate. His judicial philosophy is mine. A judge must apply the law as written. Judges are not policymakers. They must be resolute in setting aside any policy views they might hold. Shell give her statement. I think thats a good summary of who she is. Thats who amy barrett is in terms of law. In terms of amy barrett the individual, she and her husband have seven children. Two adopted. So, nine seems to be a good number. The process. This is an Election Year. Were confirming the judge in an Election Year after the voting has occurred. What will happen . My democratic colleagues will say, this has never been done and theyre right in this regard, no one has been confirmed in an Election Year past july. Justice ginsburg when asked about this several years ago said that president serves four years, not three, theres nothing unconstitutional about this process, this is vacancy that has occurred through a tragic loss of a great woman and were going to fill that vacancy with another great woman. The bottom line here is that the senate is doing its duty constitutionally. As to judge garland, the opening that occurred with the passing of Justice Scalia was in the early part of an Election Year, the primary process had just started and we can talk about history but heres the history as i understand it, theres never been a situation where you had a president the senate of ane nominee of the replacement was made in an election 140 years ago, 19 vacancies filled in an Election Year, 17 of the 19 were confirmed to the court when the party of the president and the senate were the same. In terms of timing, the hearing is starting 16 days after her nomination, more than half of hearings have been held within 16 days of the announcement of the nominee. All i can say that i feel that were doing this constitution na ally. Democrats friends object to the process. I respect them all. Theyll have a chance to have their say. But most importantly, i hope well know more about how the law works, checks and balances, what the Supreme Court is all about when this hearing is over. Why hold this hearing . Lot of people on our side say just ram it through. I hear that a lot. I dont listen to the radio much anymore. The bottom line is, i think its important, this is lifetime appointment. Id like the world and the country to know more about judge barrett. Im proud of you. Im proud of what youve accomplished. I think youre a great choice by the president. This is probably not about persuading each other unless something really dramatic happens. All republicans will vote yes. All democrats will vote no. That will be the breakout of the vote, but the hearing is a chance for democrats to dig deep into her philosophy, appropriately ask her about the law, how she would be different, whats on her mind, gives republicans a chance to do the same thing. Most importantly, it gives you a chance, the American People, to find out about judge barrett. Judge for yourself. Is this the person is this person qualified . Is she as qualified as sotomayor and kagan . I think so. Two nominees presented to the committee by president obama, they had a different legal philosophy than my own, but i never doubted one moment that they werent qualified. I thought gorsuch and kavanagh were qualified. Weve taken a different path at times. Thomas, alito, kavanaugh, i hope we dont take that path with judge barrett. She doesnt deserve that. I dont think it makes this hearing any better. The American People i believe would not deserve a repeat of those episodes and the senate cjudiciary committee. To my democratic colleagues, i respect yall. Weve done some things together and weve had some fights in this committee. Ive tried to give you the time you need to make your case. And you have every right in the world to make your case. How the votes is going to come out. But i think judge barrett is required for the good of the nation to submit to your questions and ours, this is going to be a long, contentious week. I would just ask one thing of the committee, to the extent possible, lets make it respectful, lets make it challenging, lets remember the world is watching. Senator feinstein. Thanks very much, mr. Chairman. I want to address your last statements. We feel the same way. I believe we want this to be a very good hearing. And i certainly will strive to do my best to achieve that. Good morning, judge barrett. Omeoou family. Less than one month ago, the nation lost one of our leading voices for equality, Ruth Bader Ginsburg left very big shoes to fill. Judge ginsburg loved the law. She loved this country. She worked all of her life to ensure that the opening words of our constitution, we the people of the United States in order to form a more perfect union. Included all the people, not just a few, e elite few. She was a standard bearer for justice. Justice ginsburgs nomination was the first one that i participated in when i came to the senate, and it was a real thrill to be a part of that crowded and celeb toir hearing for someone who had broken down barriers and reopened doors and staunchly believed in a womans right to full equality and autonomy mp in filling judge ginsburgs shoes stakes are high for the American People. Decades to importantly, healthc coverage, for millions of americans is at stake with this nomination, so over the course of these hearings, my colleagues and i will focus on that subject. Well examine the consequences, if, and thats a big if republicans succeed in rushing this nomination through the senate before the next president takes office. But most importantly, in just a few weeks, on no november 10th the Supreme Court will hear hearings in texas v california, a case brought to strike down the aca. The president has promised to appoint justices who will vote to dismantle that law. As a candidate he criticized the Supreme Court for upholding the law. And said, and i quote, if i win the presidency, my judicial appointments will do the right thing, unlike bushs appointee john roberts on obamacare, end quote. When she appointed judge barrett to fill Justice Ginsburgs seat, said eliminating the aca would be, quote, a big win for the usa. Judge barrett who have been critical of chief justices 54 opinion upholding the law, states the roberts, quote, pushed the Affordable Care act, beyond its plausible meaning to save the statute, end quote. This well could mean if judge barrett is confirmed, americans stand lose the benefits that the aca provides. So i hope that youll clarify that in this hearing. First, more than a 130 million americans with preexisting conditions like cancer, asthma or even covid19 could be denied coverage or charged more to obtain health insurance. This includes more than 16. 8 million californians. With preexisting conditions. And were just one state. But i think you should know how we feel. Secondly, some 12 million working americans are covered through the acas Medicaid Expansion, if the act is struck down, they lose their health care. Third, more than 2 million americans under the age of 26 are covered by their Parents Health insurance, and they could lose that coverage. Fourth, insurers could charge higher premiums for women because simply because of their gender. Fifth, women could lose access to critical Preventive Services and Maternity Care including cancer screenings and womens visits. The bottom line is this, there have been 70 attempts to repeal the aca, but clearly the effort to dismantle the law continues. And they are asking the Supreme Court to strike down the Affordable Care act. This, i believe, will cause tremendous harm. Consider people like crkristina monroe garcia of my home state. Her eyesight started to fail because of cataracts, she had always struggled to obtain insurance because of preexisting conditions, including csectionses and epilep epilepsy. The cost of coverage when offered to her, averaged between 2500 an 2500 and 3000 a month, more than she and her husband could afford. In 2010, she was able to obtain coverage through the aca. Within weeks, she was able to have cataract surgery, this saved her life, christina described her reaction when she was able to get coverage through the California Health exchange following passage of the aca. Let me quote, it was like from heaven, i cried. After all these years struggling to obtain coverage i was able to get insurance through the california exchange, no questions asked about my preexisting conditions. The premium was worth 200 a month. As compared to the 2500 to 3,000 Monthly Payments i would have to pay before the aca. If i could even get an insurer to offer me coverage. As christina further explained and i quote, people just dont understand what it was like. The incredible fear before the Affordable Care act. Having to worry about being able to cover medical expenses and not being able to find affordable insurance, end quote. We cant afford to go back to those days. When americans could be denied coverage. Or charged exorbitant amounts. Thats whats at stakes for many of us, for america with this nomination and thats why the questions well ask and the views hopefully that youll share with us are so important. Were now just 22 days from the election, mr. Chairman, voting is under way in 40 states, Senate Republicans are pressing forward, full speed ahead to consolidate a court that will carry their policies forward with, i hope, some review for the will of the American People. President trump said last week that he had, quote, instruktded my representatives to stop negotiation over a covid19 relief package until after the election, end quote. To quote, focus full time on confirming judge barrett to the Supreme Court. When Justice Scalia died in february of 2016, Senate Republicans refused to consider a replacement for his seat until after the election. At the time, senator mcconnell said, the American People should have a voice in the selection of their next Supreme Court justice. When asked in october 2018, if republicans intended to honor their own rule if an opening were to come up in 2020, chairman graham promised, quote, if an opening come in the last year of President Trumps term and the primary process has started, well wait until after the next election. Republicans should honor this word. For their promise. And let the American People be heard. Simply put, i believe we should not be moving forward on this nomination. Not until the election has ended and the next president has taken office. Thank you, mr. Chairman. Thank you very much, senator fine sine. Welcome, judge. On march 1, 2016, Justice Ginsburg delivered a eulogy for her friend Justice Scalia. Justice ginsburg said, quote, we were different, yes, in our interpretation of written text, yet, one in our rev rance for the court and its place in the u. S. System of governance, end quote. Justice ginsburgs remarkable life and legacy will be honored for a generation. And also Justice Scalias. The senate is now tasked with carrying out its most solemn duty under the constitution. As we go through this process, we should heed Justice Ginsburgs words with a shared reverence for the court and its place in our constitutional system. This idea of place in our system of government is critical. Ours is a government of separated powers. The power to make, enforce and interpret law isnt centralized in one person or one branch of government. Thats not a mistake. You all know what our American Revolution was all about and what the constitution is all about. Because people at that time were sick and tired of one person george iii restricting american colonies of freedom that englishspeaking people elsewhere exercised. As Justice Scalia reminds us, the framers recognized the separation of powers as, quote, the absolutely Central Guarantee of a just government, because without a secure structure of separated powers, our bill of rights would be worthless, end of quote. But this constitutional system only succeeds if each branch respects its proper role. A good judge understands its not the courts place to rewrite the law as it sees fit, its not his or her place to let policy, personal or moral principals dictate the outcome of a case. Were fortunate that judge barrett record clearly reflects this standard. She said, quote, a judge must apply the law as written. Judges are not policymakers. And they must be resolute in setting aside any policy views that they might hold. End of quote. Judge barretts service reflects an exceptional intellect paired with deep commitment to the rule of law. So we look to those who know her well. Shes received praise across the Legal Profession and ideological spectrum. Former colleagues at notre dame described the judge as, quote, brilliant and gracious and kind and as a person of jut most integrity with an open mind and an everybody temperament and shes also known as, quote, a generous mentor, and shes known for her, quote, her humility, graciousness and her ability, born of her credibility, to build consequence, her students, express awe with the power of judge barretts intellect, with her mastery and organization of complex material and with her professionalism, end of quote. Leaders of more than 200 libertysupporting groups across the country say judge barrett, quote, on possesses the judicial temperament andlophy ne constitution. 4 state governors described judge barrett as a woman of great moral character. The wall street Journal Editorial Board says, quote, President Trumps nomination of Amy Coney Barrett for the Supreme Court is the highlight of his presidency, end of quote. A promise kept, a promise made, a promise kept. Liberal harvard law professor feldman called judge barrett, quote, a principle lawyer. Highly qualified to serve on the Supreme Court. Thats a pretty high praise. Just recited from others. Mo moreover, judge barrett is a tireless mother of seven. To improve foster care and promote adoption, so its a privilege for me to welcome a justice like that to the Supreme Court. To sum up judge barretts qualifications and character are impeccab impeccable. I respect the minority will do anything to derail the confirmation of a republican nominee. Lately, the left is threatening to pack the Supreme Court in retaliation for this confirmation process. Even the democrats nominee for president and Vice President have not ruled out such blatantly partisan policy grabs, republicans are following the constitution and the president it seems democrats would whether just ignore both. The confirmation would be the demise of the Affordable Care act and protections of preexisting conditions, thats outrageous. As a mother of seven, judge barrett clearly understands the importance of health care, so then professor barrett criticized chief justice affordab care act penalty was actually a tax, democrats say her view is radical in a preview of how she might vote on her court. Her comments dealt with the provisional law thats no longer in the effect. The legal question before the court this fall are entirely separate. Her criticism of roberts reasoning is main stream not only in the conservative legal community, but well beyond. Im the chairman of the finance committee and as Ranking Member when democrats unilaterally cobbled together obamacare, i know a tax when i see one. This wasnt a tax. It was never discussed in committee as a tax. Even the democrats would force it through congress insisted it wasnt a tax. Jeffrey toobin wrote that roberts tax argument was, quote, unquote, not a persuasive one. President obama even said, quote, i absolutely reject the notion that it was a tax. Further, democrats and their allies shouldnt claim to know how any judge would rule in any particular case. Look at history, the left slammed stephens to his consistent opposition to womens rights. They called Anthony Kennedy sexist and a disaster for women. They said that david souter the left ultimately praised these justices they attacked. Their doomsday prediction failed to pan out. The democrats and their allies have shown theres no low that they wont stoop to in their crusa crusade i saw it all on this committee. Someleue m try to misrepresent judge barretts religious beliefs and affiliations. In 2017, they said absolutelied that judge barrett was too faithful or too catholic to be a judge. One senator asked whether she considered herself an orthodox catholic. Another told her, the dogma lives in you. Let me remind everyone that article 1 clearly prohibits religious tests for serving in public office. Mr. Chairman, five sentences left. Judge, youll no doubt be asked how youll rule on questionsnd issueshe correctlycide i respect that youll follow the example of Justice Ginsburg, no hints of he or she will vote, because thats the role of a judge. Thats the place of a judge in our system of government. Unbiased. Fiercely independent. Faithful to the rule of law and a steadfast defender of the constitution. Judge barrett, i like forward to our conversation. Once again, congratulations. Thank you, senator grassley. I believe senator leahy will join us virtually. Thank you. Can we hear me all right . Yes, sir. You know, i served in a senate for 46 years. During that had 20 Supreme Court nominations, 16 confirmation hearings. With less than two weeks from Justice Ginsburg being laid to rest, its the responsibility of this committee to consider her replacement on the Supreme Court. This isnt the way we should do it. We should not have had a nomination ceremony before Justice Ginsburg was even buried. While the nation was mourning her passing. We should not be holding a hearing just 16 days later when this committee is afforded three times as long to vet other nominees to our nations highest court. We shouldnt be holding a hearing three weeks from a president ial election. When millions of americans have already voted. Now, were doing this requires literally half of the senate goes back on their word. Think of that, republican colleagues. Nearly half the senate had to break their word. Cotra dictionarying every argument they made four years ago about the American People needing a voice during an Election Year vacancies. We should not be holding this hearing when its unsafe to do so. Two members of this Committee Just now are emerging from quarantine after testing positive for covid. Where other members have declined to get tested and the chairman has refused to implement a daily testing regime to keep members and staff, and judge barrett and her family safe. Might say, we shouldnt be spending time on this when were doing absolutely nothing to pass a muchneeded covid bill. Every senator on this committee knows in their heart this is total break withen oneak with thes rehan 212,000 americans have died due to covid. Millions more are hurting. The virus is spiking again across the country. But senator republicans have nothing to say about that. The senate is wearing blinders to the grim realities facing americans. Instead of talking about covid and do something to help the American People were engaged in a mad rush to fill a Supreme Court vacancy on the eve of a president ial election and, why . I think the answer is painfully clear, with this vacancy, President Trump and Senate Republicans see the potential to wildly swing the balance of the court. They see the ability to take the courts from being independent to making them instead of an arm of the far right and the Republican Party. The potential to accomplish through the courts what they failed to accomplish by votes in the halls of congress. And the top of their hit list is the Affordable Care act. No secret the republicans are rushing to confirm judge barrett before the Supreme Court considers the latest republicanled lawsuit to overturn the Affordable Care act on november 10th. The president promised that the any judge he nominates will overturn the aca. For her part, judge barretts writings made it unequivocally clear that shes considers the act unconstitutional. Overturning the aca the single most important policy objective of the Republican Party during the past decade. If republicans are now successful, the results will be nothing short of catastrophic for the millions of americans who depend on its coverage and protections. These are real people. I believe you have in the committ committee, this is mary scott. She lives in vermont. Just over the ridge from my home in middlesex, vermont. In her 20st, she was diagnosed with a rare neurological disease. Like my wife, i apologize i know you have this picture in the committee room. She worked as a nurse. Realizing that she soon no longer be able to pursue the career she liked, she asked the hospital to rotate her through different specialties so that she could help more people. Now shes in wheelchair, she can no longer practice nursing. She does everything she can to take care of her two children. I actually had the pleasure of calling one of her sons on his birthday last spring. And mary, i know attends their soccer games, she helps with remote school. She even brought them to a tour of vermont statehouse. She can do this because her medication is paid for by her insurance. But shes worried about the Supreme Court case next month will mean for people with preexisting conditions like hers. For mary, if she lost her insurance, biggest worry she would lose her inhome support that allows her to stay home and take care of her children. Shes fighter. What the aca means to millions of americans whats on the lie with this nomination. I think of mary and what shes going to lose. Shes not the only one. You know, i talked to vermonters all the time. Now, another one. Martha richards. Shes an amazing, amazing woman. Shes another vermonter who reached out to my office concerned about the fate of the Medicaid Expansion under the Affordable Care act. Martha earns just over the minimum wage in vermont, she works for the vermont state parks and shes raised two kids on her own. Just look at this person. Soon after rolling out the expanded medicaid program, she began to experience debilitating pain behind her eye, she had two mris that would cost 6,000 each. What would have happened without the Medicaid Expansion . Republican attorney generals have requested a case before the Supreme Court millions of americans like martha would be out on their own. Now, i dont suggest that judge barrett personally desires these consequences or personally desires to devastate the lives of these two vermonters. But these are nonetheless the consequences of her stated views on the law prevails in the Supreme Court and if republicans are successful in filling this vacancy prior to november 10th. We know these views will certainly prevail. Thats what its at stake here. It weigh heavilies on the minds of vermonters i represent. I have heard from them since Justice Ginsburgs passing. Theyre scared. Theyre scared, judge barrett. Theyre scared that the clock will be turned back to a time when women had no right to control their own bodies and when it was acceptable to discriminate against women in the workplace. Theyre scared at a time when were facing the perilous impacts of climate change, bedrock environmental protections are going to be vision rated. Theyre scared that your confirmation will result in the rolling back of voting rights, workers rights and the rights of he Lgbtq Community to equal treatment. These arent just thoughts, these are reallife implications decisions made by the court and many jarty of americans dont support taking our country in that direction. Republicans first announce their intention to fill Justice Ginsburgs seat, just one hour after her death. From that moment, this process has been nothing but shameful. Worse, it will almost certainly lead to disastrous consequences for americans. Justice ginsburg im certain would have dissented and i will, too, on behalf of vermonters and behalf of the integrity of the senate and behalf of the majority of americans who oppose this process. Senator cornyn. Thank you, mr. Chairman. Judge barrett, welcome to you and your family. The Senate Judiciary committee untakes no more important duty than the one we undertake today, considering a nomination for the seat on the Supreme Court. These used to be are you teen. Even the two justices who were once considered the ideological bookends on the Court Received overwhelming support in the senate. The two justices had a different judicial philosophy and nominated by president s of opposing parties the senate used to recognize that exceptional qualifications was all that was required for a seat on the court. Through the your impressive your career, you earned the respect of those who share the views and those who dont the same views. During your time on the 7th circuit, you sided with your colleagues more than 95 of the time. When you had the rare disagreement, your opinions attacked the ideas, not the person, we could use more of that. Numerous letters pouring in from your colleagues, clerks, students, virtually everyone youve come in contact with. They agree that youre brilliant, respectful, kind, and when you disagree you do so without personal rancor or mali malice. The Political Climate in which you are being vetted is quite different as we all know. What our colleagues on the other side of the aisle put Justice Kavanaugh two years ago was an absolute disgrace, hopefully a low point for the senate. They and some of their allies sought to destroy the personal character of a good man with innuendo, misinformation and outright lies, i hope they resist the temptation to repeat that during this hearing. I remain concern about some of the earlier attacks on your faith. In a recent wall street journal column, a wisconsin Supreme Court justice wrote, to put it bluntly, americas secular social elites arent sure that a faithful christian can be entrusted with the law. A former senior aide to former majority leader harry reid said the groups want blood. Democrats on and off the Committee Want a real fight. But let me be clear, theres no religious test to serve on the Supreme Court. Why . Because the constitution says so. And i can only hope that the civility that youve shown through your professional work will be afforded to you through these proceedings. But judge theres a question that comes up in my discussions with my koconstituents. They want to know how you do it . How do you and your husband manage two fulltime profession fegsal careers and at the same time take care of your large family . I bet there are many young women like my own two daughters who marvel at the balance that youve achieved between your personal and professional life. As is customary, i also look forward to revisiting the appropriate roles of judge in our constitutional republican. We both know that judges should not be policymakers. But could it be that one of the reasons these confirmation hearings have become so contentious because some americans have given up on fair and impartial judges . Theyve given up on an independent judiciary. I hope not. Judges should not giving their political allies wins that they could secure through the rough and tumble of the political process. Our founders through the constitution provided that judges would be independent of political pressure. Chief Justice Roberts remindsed us, we dont have obama judges, bush judges, clinton judges, ideally that is true. Youve said judges constrain them by following the law where it leads. In the end, the judges internal compass, her commitment to the rule of law is the most important constraint over any sort of judicial willfulness. Youre being asked to abandon that, judge. You stand accused of intending to violate your oath before you even take it. Further, ourocratiraee resul in a case that as a quid pro quo for your confirmation. Its outrageous. Well, theyve said that if this confirmation proceeds they intend to pack the court with more justices who will turn the Supreme Court into a genuine second legislative body. We heard what Justice Ginsburg had to say about that, that would be a terrible mistake. Judge barrett im confident that in the end, at the end of this hearing, your stellar character, credentials and body of work as a judge will demonstrate that you understand the limited but Important Role of the judiciary under our constitution. Im confident that youll demonstrate that youll faithfully and fairly interpret the text of the law and the constitution and dutifully apply them to the disputes that come before you and im confident at the end of this process youll be confirmed to the United StatesSupreme Court. Senator durbin. Thank you, mr. Chairman. Judge barrett, family, welcome. Were at a critical moment in our nations history. In the throes of a devastating pandemic. With over 216,000 americans dead. And over 7. 7 million infected with this virus. Each day were reminded of how this invisible virus has changed our lives and changed america. And theres no end in sight. We face an economy in crisis with millions of jobs lost, crushing challenges facing workers, businesses, families all across america, and were in the middle of an election season, millions of americans have already cast their votes. And this may be one of the most consequential elections in our nations history, because for the first time in the history of the United States, an incumbent president refuses to commit to a peaceful transition of power if he loses the election, this president in his vanity, and constitutional recklessness refuses to accept the will of the american electorate, and of course were still in the process of mourning the loss of an Justice Ruth Bader ginsburg. She spent her entire life and every ounce of strength and talent she was given, equal justice under the law. Her absence is deeply felt. Now, this is the context in which the Senate Majority republicans are defying the traditions of the senate and rushing forward with President Trumps third nomination to the u. S. Supreme court. Its been recounted earlier that Justice Ginsburg was approved by the senate by a 963 vote. This icon of liberal thinking, advocate for the aclu, 963 before the United States senate. Justice scalia on the opposite polar end on the political spectrum approved 98on, amazing, can this be the sameit. The reason those votes were so overwhelming was because people lived by the rules and they lived by the traditions of the senate, they had Mutual Respect for one another. We know now that this process does not adhere to those guidelines. Their haste, the haste in this pursuit before us today is unfair to the senate and unfair really to the nominee before us was announced 16 days ago, the day after Justice Ginsburg laid in state in the United States capitol. We received the paperwork 13 days ago and have learned since then that some materials are missing. The speed with which republicans are moving to fill this vacancy stands in sharp contrast to the approach taken by the same Senate Republicans the last time there was a vacancy in an Election Year 2016. Behind me is the mcconnell rule. When Justice Scalia passed away, senator mcconnell said, the American People should have a selection in the Supreme Court selection. This rocksolid statement of principle was made theti. Memberf this cmiee fel in line principle. They even sent a letter on february 2016, this committee will not hold hearings on any Supreme Court nominee until after our next president is sworn in, the letter noted that, quote, the election is well under way, that was 269 days before the election, and said the decision was, quote, borne out of necessity to protect the will of the American People. Yet when Justice Ginsburg passed away this year, senator mcconnell said that very same night and i quote, President Trumps nominee will receive a vote on the floor of the United States senate, he made this st m 46 days before the election. People had already begun casting votes. And my republican colleagues marched in front of the cameras looked down at their shoes, dutifully reversed their position and lined up behind their leader again. Either the American People do get an Election Year voice on a Supreme Court vacancy or they dont. Its a shameless reversal. Why are Senate Republicans so afraid to give the American People a voice about the future of the Supreme Court . First, they must doubt that donald trump will be reelected. Second, they want a 63 Supreme Court to carry out a republican agenda thats not popular with the American People. Two dates on the november 10th. We know november 3rd is election day. President trump has made it clear he wants another of his appointees on the Supreme Court before the election because he anticipates Court Challenges over the vote. Especially over mailin balloting which he has repeatedly attacked without any substance. President trump has indicated hed be happy to have a close election decided by a 63 conservative Supreme Court rather than by the votes of the American People. The other date of course is november 10th, we know that date well on this committee. When the Supreme Court will hear oral arguments in texas v. California. To strike down the entire aca, including protections for americans with preexisting conditions. In the midst of a pandemic, the republicans want to strike down a law that 23 million americans rely on for their personal health insuranceon more for protectance policies. On september 27th, President Trump tweeted, he wants to see the aca, quote, terminated in this president has never suffered an unuttered thought. He gives us 25 tweets a day to tell us whats going through that fertile mind. We know what he thinks because he tells us what he thinks, and he made it clear that he wants his Supreme Court and this nominee to join him in elimin e eliminating the Affordable Care act. This is his litmus test. How many times have we heard it . How many times have we heard his criticism of chief Justice Roberts for failing to strike down obamacare. When he was running for president , thencandidate trump tweeted, quote, if i win the presidency, my judicial appointments will do the right thing unlike bushs appointee john roberts on obamacare. Think what it would mean if the republicans wish to strike this down, all the people who would lose their