The Democrats on the Judiciary Committee continue to show that Amy Coney Barrett is smarter than any of them or all of them together. They continue to ask questions from all kinds of angles to pin Barrett down on any point, and she continues to tell them that she cannot answer those kinds of questions. Barrett is currently a judge on the 7th U.S. Circuit Court of Appeals and is under certain rules – something that she called the cannons.
Fred Lucas at The Daily Signal found “six key issues” in Day Two of the Senate confirmation hearing. First, Democrat Senators urge Barrett to recuse herself on the Obamacare rule that the Supreme Court will hear next week and on a possible case with the Election. She did not give a clear answer but explained that “recusal itself is a legal issue based on statute and precedent.” Barrett quoted Justice Ginsburg, recusal is “always up to the individual justice.”
Second, Senator Dianne Feinstein (D-California) pressed Barrett numerous times on Roe v. Wade, but Barrett stayed firm about not be able to take a position on that topic or any other that may come before the Court. Senator Amy Klobuchar (D-Minnesota) pressed Barrett about Roe v. Wade being a “super precedent.” Barrett explained that super precedents are cases that are “so well-settled that no political actors and no people seriously push for their overruling.” She said that the fact that she is answering many questions about Roe v. Wade shows that it does not fall into the category of super precedent.
Third, Barrett was asked about the “impact” of the death of George Floyd on her family. She explained that she has two black children, so the video was “very, very personal for my family.” She explained that she and her husband have talked with their children about the situation and wept with them.
Fourth, Barrett was asked questions about the Second Amendment. Senator Lindsey Graham asked her if she owned a gun, and she replied that they “do own a gun.” Then he asked, “Do you think you could fairly decide a case even though you own a gun?”
Fifth, Barrett was asked about changes to same-sex marriage. In a response to a question from Graham, Barrett answered: “For the Supreme Court to take it up, you would have to have lower courts going along and saying we are going to flout Obergefell [referring to the Obergefell v. Hodges]. The most likely result would be that lower courts who are bound by Obergefell would shut such a lawsuit down, and it wouldn’t make its way to the Supreme Court.”
Sixth, the critics have attacked Barrett on her Catholic faith and ridiculed her adoption of two black children. She stated that she is avoiding media as much as possible “for the sake of my mental health.” She responded as follows: “I’ve made distinct choices. I’ve decided to pursue a career and have a large family. I have a multiracial family. Our faith is important to us. All of those things are true, but they are my choices. I have a life brimming with people who have made different choices. I’ve never tried in my personal life to impose my choices on them. The same is true professionally. I apply the law.” She also admitted that she and her family discussed the possibility of ridicule and persecution before she agreed to go through the confirmation process.