justices now in 2021? that s a very good question because during the confirmation hearings particularly the last three nominees, democratic senators tried to get the nominees to agree with the idea that roe is so-called super precedent. it s more than just a case. it requires more to overturn it. i ve always rejected that category and the trump nominees did not really go for that classification while saying that precedent needs to be respected under a doctrine called. casey was a plurality decision. we ve had 5-4 decisions after casey. the court has always been struggling with the constitutional footprint upon which this right stands. and that is going to come up
overruled. it just means that it doesn t fall on the small handful of cases like marbury versus madison and brown versus the board that no one questions anymore. reporter: and on the affordable care act, which comes before the court the week after the election and which barrett has sharply criticized i m not here on a mission to destroy the affordable care act. i m just here to apply the law and adhere to the rule of law. reporter: republicans pushed back hard on all the questioning. have you made any promises or guarantees to anyone about how you might rule on a case or issue that might come before you if you are confirmed to the supreme court? i want to be very, very clear about this, senator grassley. the answer is no. the democrats claim that you are being put on the supreme court so you can vote to repeal the affordable care act. is that your agenda? absolutely not. i was never asked. and if i had been, that would have been a short conversation. reporter: perhaps
president could delay an election. does the constitution give the president of the united states the authority to unilaterally delay a general election under any circumstances? does federal law? 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. reporter: the constitution is clear. congress sets the date of the election. on the court ruling guaranteeing same sex couples the right to marry, she said this. i m not going to give, as justice kagan put it, a thumb s up or thumb s down to any particular precedent. it is precedent of the supreme court that gives same sex couples the right to marry. reporter: on a woman s right to choose to have an abortion under roe versus wade, barrett in the past has listed a number of cases she believes are super precedents, ones that can t be overruled, and roe wasn t one of them. is roe a super precedent? roe is not a super precedent because calls for its overruling
tonight, several developing stories as we come on the air. on the coronavirus, two separate trials now, a vaccine and an antibody treatment both on hold tonight. plus, the fireworks. the supreme court showdown. president trump s supreme court nominee, judge amy coney barrett, is pressed on several major issues today, with just 21 days to go before the election. does she consider roe versus wade a so-called super precedent, a law that s already settled? how she answers. judge barrett is also asked about the affordable care act. with millions of americans and their coverage on the line, a case before the court just days after the election, how she answers on that issue. on same sex marriage. and on the presidential election. if it s contested, would she recuse herself? and how she described talking to her own children about the video of george floyd.
they have so far refused to do so, saying they are well within the law. as soon as there was any sort of confusion or concern, we called them to remove the box. reporter: leading the charge against what she says is voter suppression is stacy abrams of georgia, who ran for governor and lost in a close race where black voters where thrown off the voting rolls. there have been battles being waged across the country, including in georgia, about who has access to in-person early voting. but we know across the country, early voting is going to become the next front in the war against voters. reporter: the president has been telling his supporters that he doesn t trust the process, either. you go first. i m urging my supporters to go into the polls and watch very carefully, because that s what has to happen. reporter: what should i be telling people about all of these concerns, about the long lines, about how long it takes to vote? pack your patience, pack your sense of humor,