Live: Confirmation hearing for Trump Supreme Court nominee Amy Barrett

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nothing but year after Roe versus Wade was passed I have to be at the Trump has done cold yes what he found out and the baby to make you wear a mask sorry sorry I love your hat thank you you to hit me yeah but honestly a hearing hopefully that the country will be in learn more about Judge Barrett learn more about the law learn about the differences and judging and maybe the difference is in the party that happens happens it would be as successful hearing as to the hearing room room I doubt if there’s any room in the country’s been given more attention and detail to make sure his CDC compliant the architect of the capitol working with the attending physician as set up the room and a fashion that we can safely do our business Senator Lee is back you’ve been cleared by your position welcome back the covid problem in America is real is serious is dangerous and we have to mitigate the I would just let every American know that many of you are going to work today probably already been at work and

I hope your employer will take care of your health care needs but we do have a country to do their job and we’re going to work in the Senate to do our job and one of the most important jobs the Senate Judiciary Committee will ever do is have hearings and confirma Justice to the Supreme Court so for housekeeping purposes the the first day is traditionally been opening statements by my colleagues will do ten minute rounds and everybody will have ten minutes to talk about their views of the hearing and what this is all about then we will have a panel to introduce judge judge Barrett and she will make an opening statement will try to finish mid afternoon at that’s possible then Tuesday and Wednesday will be long days they’ll be 30 thirty minute rounds for every Senator followed by a 20-minute round my goal is to complete that Wednesday at some kind of reasonably reasonable hour and the in the evening Thursday will begin the mark-up I intend to hold it over and bring the community back on the 22nd to vote on the Nation so if I may I’ll start off with a opening opening statement and say why are we here number one Justice Ruth Bader Ginsburg died on September the 18th what can you say about Joe Justice Ginsburg she was confirmed 96 2 3 now those were days that have since passed I regret that Ninety Six to three now this was a person who worked for the ACLU 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 got 97 votes I don’t know what happened between then and now because there’s we can all take some blame but I just want to remind everybody there was a time in this country or 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 before becoming a member of the Court she was an active active litigator pushing for more Equal justice and better right better rights for women throughout the the country her close friend until the his death just as clearly it’s glia called her the leading and very successful litigator on behalf of women’s rights the Thurgood Marshall of that cause what High Praise praise I can’t say any more than that statement says says in my view the person appearing before this this committee isn’t a category of Excellence excellence something the country should be proud of and she will have a chance to make her get 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 she is a judge sitting on the seventh judicial circuit she’s highly respected she was a professor at Notre Dame three years during that tenure she was chosen by the students to being the best professor which I’m sure is no easy task at any college she’s widely admired for integrity she grew up in New Orleans Orleans graduated from Rhodes college and Memphis Tennessee in 1994 graduated summa laude and first in her class from Notre Dame law school in 1997 so academically she’s very gifted she clerked for judge Lawrence Silberman on the US Court of appeals for the DC circuit and then for justice Scalia on the Supreme Court she practiced law in Washington DC DC she joined the faculty at Notre Dame in 2002 she’s published numerous articles and prestigious journals including the Columbia

University of Virginia and Cornell Law review she’s been a circuit court judge at the seventh circuit since 2017 she was confirmed to that position and a bipartisan with a bipartisan vote she is heard hundreds of cases and 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 and they must be Resolute and setting aside any policy views they might hold she will give her statement but but I think that is a good summary of who she is that’s who Amy Barrett is in terms of the law terms Amy Barrett the individual she and her husband have seven children to adopt it so nine seems to be a good number number the the process this is an election year year we’re confirming the judge and election year after the voting has occurred occurred what will happen is it my Democratic colleagues will say this has never been done in there right in this regard nobody’s I think it’s ever been confirmed an election year past July the bottom line is Justice Ginsburg when asked about this several years ago said that a president serves four years not three there’s nothing unconstitutional about this process this is a vacancy that’s occurred through a tragic loss of a great woman and we’re 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 here’s the history as I understand it there’s never been a situation where you had a president of one party in the Senate of another where they nominee the replacement was made in election years been over a hundred forty years ago think there have been 19 vacancies filled in election year 17 to 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 nomination more than half of all Supreme Court hearings have been held within 16 days of the announcement of the nominee Stevens 10 rehnquist 13 pal 13 Blackman 15 Burger 13 all I can say is that I feel that we’re doing this constitutionally the our Democratic friends to the process I respect them all they’ll have a chance to have their say but most importantly I hope we will know more about how the law works checks and balances what the Supreme Court is all about when this hearing is over why why whole this hearing a lot of people on our side say just Ram it through I hear that a lot that’s why I don’t listen to the radio much anymore so the bottom line is I think it’s important this is a lifetime of pain appointment I would like the world and the country to know more about Judge Barrett I’m proud of you I’m proud of what you’ve accomplished I think you’re a great choice by the president this is probably not about persuading each other unless something really dramatic happens happens all will vote Yes and all Democrats will vote no and that will be the way 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 what’s on her mind it gives Republicans a chance to do the same thing most importantly it gives you a chance the American people the find out about about judge Barrett judge for yourself is this the / is this person person qualified is she is qualified as Sotomayor and Kagan I think so these were 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 were not qualified I thought Corsican cabin all were qualified the senate in the past is looked at qualifications more than anything else else we’ve taken a different path at times Bork Thomas Aledo Aledo Cavanaugh I hope we don’t take that path with with judge Barrett she doesn’t deserve that I don’t think it makes this hearing any better the American people I believe would not deserve a repeat of those episodes and the Senate Judiciary committee’s history to my Democratic colleagues colleagues I respect you all we’ve done some things together and we’ve had some fights in this committee I’ve tried to give you the time you need to make your case and you have every right in the world to make your case I think I know how the votes going to come out out but I think judge Barrett is required for the good of the nation to submit to your questions and hours this is going to be a long contentious week week I would just ask one thing of the committee to the extent possible let’s make it respectful let’s make it challenging less remember the world is watching watching Senator senator Feinstein thanks very much mr. chairman and I do want to just address your last statements we feel the same way and 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 ferret and welcome to you and your family less than one month ago the nation lost one of our leading voices for equality Ruth Bader Ginsburg Ginsburg less big shoes to fill judge Ginsburg love the law and she loved this country she worked all 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 Elite few she was a standard for justice justice ginsburg’s nomination was the the first one that I participated in when I came to the Senate and it was a real thrill to be part of that crowded and celebrit Ori a hearing for someone who had broken down barriers and reopened doors and staunchly believed in a woman’s right to full equality and autonomy in filling judge Ginsburg seat the stakes are extraordinarily high for the American people both in the short term and and for decades to come most importantly Health Care 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 we will examine the consequences if and that’s 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 November 10th the Supreme Court will hear hearings in Texas V California a case brought to strike down the America 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 see my judicial appointments will do the right thing unlike bushes appointee John Roberts on Obamacare and quote and when he appointed judge Barrett to fill Justice Ginsburg seat the president said that eliminating the Affordable Care Act would be quote a big win for the USA USA judge Barrett you’ve been critical of Chief Justice Roberts for his five for opinion upholding the law stating that Roberts quote pushed the Affordable Care Act Beyond it’s plausible meaning to save the statute and quote this well could mean that if judge Barrett is confirmed American stand to lose the benefits that the ACA provides so I hope you will clarify that in this

hearing first more than a hundred and thirty million Americans with pre-existing conditions like cancer asthma or even covid-19 could be denied coverage or charged more to obtain health insurance this includes more than sixteen point eight million Californians with pre-existing conditions and we are just one state but I think you should know how we feel secondly some 12 million working Americans are covered through the aca’s Medicaid expansion if the ACT is struck down they lose their health care Third more than two 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 women simply because of their gender and fifth women could lose access to critical preventive services and maternity care including cancer screenings and Well visits now the bottom line is this there have been 70 attempts to ravit 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 Christina Munroe Garcia of my home state at age 60 Kristina’s eyesight started to fail because of cataracts she had always struggled to obtain Insurance because of pre-existing conditions including C-sections and epilepsy epilepsy the east of coverage when it was even offered to her average between 2500 and 3,000 dollars a month far more than she and her husband could afford and 2010 she was able to obtain coverage through the Affordable Care Act within weeks she was able to have cataract surgery this saved her life Christina described her reaction when she was able to get coverage coverage through the California your health exchange following passage of the ACA and let me quote it was like Manna From Heaven I cried after all these years of struggling to obtain coverage I was able to get insurance through the California exchange no questions asked about my pre-existing conditions the premium was worth two hundred a month as compared to the 2,500 to thousand 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 don’t understand what it was like The Incredibles 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 insurance and quote we can’t afford to go back to those days when Americans could be denied coverage or charged exorbitant amounts that’s what’s at stake for many of us for America with this nomination and that’s why the questions we will ask and the views hopefully that you will share with us are so important we are now just 22 days from the election mr. chairman voting is underway in 40 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 instructed my representatives to stop negotiation over a covid-19 relief package until after the election and quote to quote Focus full-time on confirming judge Barrett to the Supreme Court when Justice Scalia died in February of 2016 Senate Republicans refuse 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 justice when asked in October 2018 if Republicans intended to honor their own rule if an opening were to come up in 2020 chairman Grand promised quote if an opening comes in the last year of President Trump’s term and the primary process has started Will’s wait till after the next election Republicans should honor this word for their promise and let the American people 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 Feinstein Senator Grassley welcome judge on March 1 2016 Justice Ginsburg delivered a eulogy for friend Justice Scalia Justice Ginsburg said quote quote we were different yes in our interpretation of written text yet one in our reverence for the course and its place in the u.s system of governance end of quote Justice Ginsburg remarkable life and Legacy will be honored for a generation and also Justice Justice Scalia’s the Senate is now tasked with carrying out perhaps its most solemn Duty under the Constitution as we go through this process we should heed Justice ginsburg’s words with a shared reverence for the court and its place in our constitutional system 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 is centralized isn’t centralized in one person or one branch of government that’s must that’s 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 the Third restricting American constitute colonies of Freedom that English-speaking people elsewhere elsewhere exercised as Justice Scalia reminds us us the framers recognize the separation of powers as quote the absolutely Central guarantee of 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 it’s not the courts place to rewrite the law As it sees fit fit it’s not his or her place to let policy personal or moral principles dictate an outcome of a case we are fortunate judge Barrett’s record we clearly reflects this this standard she said quote a judge must apply the law as written judges are not policymakers makers and they must be resolute in setting aside any policy views that they might hold hold end of quote judge Barrett Service reflects an exceptional intellect paired with deep commitment to the rule of law law so we look to those who know her well she’s received praise across the legal profession and ideological Spectrum former colleagues at Notre Dame described the judge has quote brilliant industrious gracious and kind and as a person of utmost integrity with an open mind and an even temperament that is prized in a judge end of quote she’s all she she’s also known as quote a generous mentor and she’s known for her quote her humility graciousness and her ability

born of her credibility to build consensus among differing views and to quote her students quote expressed all with the power of Judge Barrett’s intellect with her Mastery and organization of complex material and with their professionalism end of quote leaders of more than 200 Liberty supporting groups across the country say judge Barrett quote possesses the judicial temperament and philosophy necessary as a bulwark for our constitution and in tutions of government and to quote 24 state governors describe judge Barrett as quote a woman of great moral character who is devoted to her country Community Family and Faith Like many Americans end of quote the Wall Street Journal editorial board says quote President Trump’s nomination of Ami Bera Coney Barrett for the Supreme Court is the highlight of his presidency and of quote a promise kept up a promise made a promise kept liberal Harvard law professor Noah Feldman called judge Barrett quote a principal brilliant lawyer a genuine in good person highly qualified to serve on the Supreme Court that’s a pretty high praise praise I just rated just recited from from others moreover judge Barrett is a tireless mother of seven four decades I’ve laid efforts on us and it to improve foster care and promote adoption so it’s a privilege for me to welcome a Justice like that to the Supreme Court to sum up judge Barrett’s qualifications and character are impeccable unfortunately I expect the minority will try to Russell up baseless claims and scare tactics as they for decades anything to derail the confirmation of a republican nominee lately the left is threatening to pack the Supreme Court in retaliation for this country conference for these confirmation process even the Democrats nominee for president and vice president have not ruled out such blatant blatantly partisan policy policy grabs Republicans are following the Constitution and the president it seems Democrats would rather just ignore both the left is also suggesting judge Barrett’s confirmation would be the demise of the Affordable Care Act and the protection for pre-existing conditions that’s outrageous as a mother of seven judge Barrett clearly understands the important to Health Care so let’s set the record straight eight then Professor Barrett criticized chief justice Roberts conclusion that the Affordable Care Act penalty was actually attacks Democrats say her viewpoint is radical and a preview of how she might vote on the court first her comments dealt with the provision of law that’s no longer in defect so the legal questions before the court is fall or entirely separate moreover her criticism of of Roberts reasoning is mainstream not only in the conservative legal community but well beyond I’m the chairman of the finance committee and was ranking member when Democrats unilaterally cobbled together Obamacare I know attacks when I see one this wasn’t a tax it it was never discussed in committee as attacks even the Democrats who forced it through Congress insisted it was an attack Jeffrey toobin 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 shouldn’t claim to know how any judge would rule in any particular case just look at history the left slammed Stevens for his consistent opposition to women’s rights they called Anthony Kennedy sexist and a disaster for women they said David souter would quote and freedom of women in this country ultimately ultimately the left praise these very justices that that they attacked their Doomsday prediction failed to pan out Democrats and their left its allies have also shown

that there is no low that they won’t stoop to in their crusade to tarnish he’s an almond he and I saw it all as chairman of this committee when Cavanaugh came up some of my colleagues May once again try to misrepresent and out right disparage judge Barrett’s religious religious beliefs and affiliations in 2017 they should suggested judge Barrett was to faithful or to Catholic to be a judge one Senator asked whether she considered herself an orthodox Catholic another told her the dog man lives loudly within you and that is of concern let me remind everyone that Article 1 clearly prohibits religious test for serving in public office office mr. chairman I got five sentences left judge you’ll No Doubt be asked how you rule on questions and issues and whether the case was correctly decided I expected you will expect that you’ll follow the example of Justice kid were a nominee should offer no forecast no hints of how here she’ll vote because that’s the role of a judge that’s the place of a judge in our system of government on fiercely independent faithful to the rule of law and he said fat defender of the Constitution judge Barrett I look forward to our concert conversation once again congratulations they said Gresley I believe Senator Leahy’s will now join us virtually virtually thank you I couldn’t assume you can hear me all right yes sir we see you there you are thank you thank you you you know think about the fact that I’ve served in the senate for 46 years during that time we had 20 Supreme Court nominations 16 confirmation hearings and I can tell you right now none look anything like this with us in two weeks from Justice Ginsburg being laid to rest now is true that the responsibility of this committee to consider her replacement on this this isn’t the way we should do it we should not have had a nomination ceremony ceremony before Justice Ginsburg was even even buried while the nation was mourning her passive we should not be holding a hearing just 16 days later when this committee is afforded itself three times as long to bed other modern nominees to our nation’s highest court we shouldn’t be holding a hearing three weeks from a presidential election when millions of Americans have already voted voted it’s over half of the Senate goes back on their word think of that my Republican colleagues literally half of the Senate and to break their word contradicting every argument they made four years ago about the American people needing a voice during the election year vacancies we should not be holding this hearing was plenty unsafe to do so to members of this Committee of just now emerging from quarantine after testing positive for covid and when other members have declined to get tested and the chairman has refused to permit a daily testing regime to keep members and staff and judge Barrett and her family safe and might say we shouldn’t be spending time on this we’re doing absolutely nothing to pass a much-needed covid bill every Senator and his committee knows in the heart there’s total very good person break with their commitments is wrong more than two hundred twelve thousand Americans who died due to covid Millions more hurting the virus is spiking again across the country but Senate Republicans have nothing to say about that the seller is wearing blinders the Grim realities facing Americans instead of talking about covid and doing something to help the American people were engaged in this mad rush to fill the Supreme Court vacancy on the eve of the presidential election and why I think the answer is painfully clear this bacon see President Trump and Senate Republican see the potential to wildly

swinging the balance of the Court they see the ability to take the courts from being independent to making them instead an arm of the far right in the Republican Party it potential to accomplish through the court but they fail to accomplish accomplish five votes in the halls of Congress in the top of the hitless is the Affordable Care Act it’s no secret is not once has the Republicans are rushing to confirm judge Barrett before The Supreme Court considers the latest Republican LED lawsuit overturn the Affordable Care Act on November 10 the president has even promised to any judge who nominates overturn the Affordable Care Act Act one number this committee is promise you won’t vote for judge unless he has that commitment that the nominee overturned the air and for her part judge Ferris writings and they unequivocally clear she considers the ACT unconstitutional unconstitutional in fact overturn the Affordable Care Act has been perhaps the single most important policy objective of the Republican Party during the past decade if Republicans are now successful results will be nothing short of catastrophic for the millions of Americans who depend upon its coverage in projection these are real people people you may I believe you have in the committee them trying to get this you could actually see it this is Mary Nathan Scott she lives in Northfield for what as a just over the ridge from my home in Middlesex form our in her 20s Mary was diagnosed with Frederick’s Frederick’s ataxia a rare neurological disease disease like my wife wife myself and I apologize for I know you have this picture in the committee room she worked very worked as a nurse Eliza insured soon no longer be able to pursue the career she loved she has the hospital Rotator through different specialties so she could help more people as many ways as possible that’s who she is and now she’s in a 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 son’s on his birthday last last spring and Mary I know attends their soccer games she helps their remote School she even brought them to the tour of the Vermont State House now Mary can do this because her medication didn’t hold care is paid for by her insurance but she’s worried even with some State protections she’s worried about the Supreme Court case next month will mean for people with pre-existing conditions that occur primary if she lost her insurance or biggest worried she’d lose her in home support that allows her to continue living at home and taking care of her children now she’s a fighter when I think of what their portable Care Act means to begins Americans what’s on the line with this nomination nomination I think of Mary I think of what she’s going to lose and she’s not the only one you know I talked to vermonters all the time I think of another one – have Richards she is amazing amazing amazing woman woman jeez another vermonter who reached out how to my office concerned about the faith of the Medicaid expansion under the Affordable Care Act Act Martha or is just over the minimum wage in in Vermont she works for the Vermont state parks and she’s raised two kids on her own just look at this person so they have to rolling now in the expanded medicaid Program to begin experiencing debilitating painter ear behind the Rye it led to a series of expensive medical tests including two MRIs that would cause six thousand dollars each each she’s shutters the the thought would have happened without the Medicaid expansion if it’s discarded now as Republican Attorneys General have requested a case before The Supreme Court millions of Americans like Martha would be on their

own no I do not suggest a judge parrot personally desires these consequences or two our personal desires to devastate the lives of these two for Waters far from it but these are nonetheless the consequences of her state of views of the law reveals the Supreme Court and if Republicans are successful in filling this vacancy prior to November 10 well then we know these bills will almost certainly prevail so that’s what’s at stake here that’s what weighs heavily on me as we begin these here he’s also weighs heavily on the minds of the vermonters I represent I’ve heard for them often and lovely since Justice ginsburg’s passing they’re scared judge Barrett are scared that your confirmation would rip them limb the very Healthcare protections the millions of Americans have fought to maintain and which Congress has repeatedly rejected limited they’re 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 they’re scared they’re time when we are facing the perilous impacts of climate change Bedrock Environmental Protections are going to be at this rated and they’re scared that your confirmation I’m result in the rolling back of voting rights workers rights and the rights of the LGBT community to equal treatment please please oranges but these are real life implications of decisions made by the court there are more jority of America’s like an overwhelming majority of my fellow vermonters don’t support taken our country that direction how Republicans first announced their intention to fill of Justice Ginsburg seat just one hour hour after her death for that moment this process has been nothing but shameful where’s the will almost certainly lead to disastrous consequences for for America Justice Ginsburg I am certain would have dissented and I will too on behalf of vermonters and behalf of the Integrity of the Senate on behalf of the majority of Americans oppose this process thank you thanks certainly senator senator Cornyn thank you mr. chairman judge Barrett welcome to you and your family the Senate Judiciary Committee undertakes no more important duty than the one we undertake today considering the nomination for a seat on the United States Supreme Court as the chairman said these used to be routine routine even the two justices who were once considered the ideological bookends on the court received overwhelming support in the the Senate while too the two justices had a different judicial philosophy and we’re nominate nominated by presidents of opposing parties the Senate used to recognize that exceptional qualifications were all that was required for a seat on the court throughout your impressive career you’ve earned the respect to those who share your views on the law as well as those who do not as Justice Ginsburg said of her unlikely friendship with Justice Scalia You can disagree without being disagreeable but I don’t want to imply that you disagree frequently in fact during your time on the seventh circuit you’ve cited with your colleagues more than 95% of the time and when you’ve had the rare disagreement your opinions attack the ideas not the person we could use more of that your collegiality has been demonstrated in the numerous letters pouring in from your colleagues Clerks students virtually everybody with whom you come in contact folks with widely different judicial philosophies agree that you are brilliant respectful kind and when you disagree you do so without personal Rancor or malice malice while your qualifications repartee reputation are on par with those justices who have sat in the seat the seat before you 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 Cavanaugh through two years ago was an absolute disgrace disgrace and hopefully a low point for for the Senate they in some of their allies sought to destroy the personal character of a good man

with innuendo misinformation and outright outright lies I hope they resist the temptation to repeat that during this hearing I do remain concerned judge about some of the earlier tax on your faith in a recent Wall Street Journal column of Wisconsin Supreme Court Justice wrote to put it bluntly America’s secular cultural Elites aren’t sure that a faithful Christian can be entrusted with the law a former senior aide to former Majority Leader Harry Reid recently said the group’s want want blood Democrats on and off the committee want a real fight fight but let me be clear judge as you know there’s no religious test to serve on the Supreme Court why because the Constitution says so so and I can only hope that the civility that you’ve shown through your professional work will be afforded to you through these proceedings proceedings the judge there’s a question that comes up in my discussions with my constituents that’s really more basic and more personal they want to know how you do it how do you and your and your and your husband managed to full-time professional careers and at the same time take care of your large family family I’ll bet they’re many young women like my own two daughters who Marvel at the balance that you’ve achieved between your personal and professional life life as is customary at important I also look forward to visiting revisiting the appropriate role of judges in our constitutional republic something that you can see there appears to be some dispute about about here you and I both know the judges should not be policymakers but could it be that one of the reasons these confirmation hearings have become so contentious is because some Americans have given up on the idea of fair and impartial judges who do not pick winners and losers that they’ve given up on an independent judiciary judiciary I hope not judges should not be unelected super legislators giving their political allies wins they could not secure through the Rough and Tumble of the political process our Founders through the Constitution provided the judges would be independent of political political pressure chief justice Roberts reminded all of us recently that we do not have Obama judges or Trump judges Bush judges or Clinton judges and ideally that is true you’ve said judges constrain themselves by making a choice to follow the law where it leads trying to check their own preferences at every turn in the end the judges in Compass her commitment to the rule of law rather is the most important constraint upon any sort of judicial judicial willfulness but you’re being asked to abandon that judge You Stand Accused of intending to violate your oath before you even take take it further our Democratic colleagues want you to guarantee a result in a case as a quid pro quo for your confirmation it’s outrageous outrageous well they’ve said that if this confirmation proceeds the 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 mistake judge bear and I’m 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 I’m confident that you will demonstrate that you will Faithfully and fairly interpret the text of the law and the Constitution and dutifully apply them to the disputes that come before you and I’m confident that at the end of this process you will be confirmed to the United States Supreme Court Court Senator Durbin thank you mr chairman judge Barrett family family welcome we’re at a critical moment in our nation’s history history in the throes of a devastating pandemic with over two hundred and sixteen thousand Americans dead dead and over seven point seven million infected with this virus each day we are reminded

of how this invisible virus has changed our lives changed changed America and there is no end in sight we Face an economy in crisis with millions of jobs lost the crushing challenges facing workers businesses families all across America America and we’re in the middle of an election season millions of Americans have already cast their their votes and this may be one of the most consequential consequential elections in our nation’s 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 commit to accept the will of the American electorate electorate and of course we’re still in the process of mourning the loss of an historic champion of justice and equality Ruth Bader Ginsburg Justice Ginsburg spent her entire life at every ounce of strength and talent she was given in the pursuit of America’s highest ideal 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 with President Trump third nomination to the US Supreme Court it has been recounted earlier that Justice Ginsburg was approved by the Senate by a 96 2/3 vote this icon of liberal thinking advocate for the ACLU 96 to three before the United States Senate and then Anton Scalia on the opposite polar end of the political Spectrum approve 98 to to nothing amazing can this be the same Senate it’s not the reason those votes were so overwhelming was because people live by the rules they live by the traditions of the Senate and they had mutual respect for one another another we know now that this process does not adhere to those guidelines guidelines their haste haste in this Pursuit that before us today is unfair to the Senate and unfair really to the nominee the nominee before us was announced 16 days ago the day after Justice Ginsburg lay in state in the United States capitol we received the nomination paperwork 13 days ago and I’ve 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 in 2016 behind me is the McConnell rule on February 13th 2016 when Justice Scalia passed away Senator McConnell said and I quote the American people should have a voice in the selection of their Supreme Court Justice therefore this vacancy should not be filled until we have a new president this Rock Solid statement of principle was made two hundred and sixty nine days before the 2016 election the Republican members of this committee fell obediently in line behind Senator McConnell’s statement of principle they even sent a letter on February 23rd 2016 and I quote this committee will not hold hearings on any Supreme Court Supreme Court nominee until after our next president is sworn in in the letter noted that quote the election is well underway that was two hundred sixty nine days before the election and said the decision was quote born of a necessity to protect the will of the American people yet when Justice Ginsburg passed away on September 18th this year Senator McConnell said that very same night and I quote President Trump’s nominee will receive a vote on the floor of the United States Senate he made this statement a mere forty six days before the election people had already begun casting votes and my Republican colleagues marched in front of the cameras look down at their shoes dutifully reverse their positions and lined up obediently behind their leader again again it’s not at this in the American people do get an election your voice regarding a vacancy on the Supreme Court or they don’t in 2016 Senator McConnell said give them a voice now he says don’t give them voice is a Shameless self serving venal venal reversal why our 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 re-elected second they want 263 Supreme Court to carry out a republican agenda that’s really

not very popular with the American people and there are two dates on the calendar which explain their timetable November 3rd and 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 mail and vanity which he is repeatedly attacked without any substance President Trump has indicated he’d be perfectly happy to have a close election decided by a 6-3 conservative majority Supreme Court rather than by the votes the American people the other date of course is November 10th we know that date well on this committee that’s the date the Supreme Court will hear oral arguments in California versus Texas this is the case in which the the Trump administration urging the court to strike down the entire Affordable Care Act including protections for tens of millions of Americans with pre-existing conditions it’s unimaginable that in the midst of a pandemic the Republicans want to strike down a law that 23 million Americans rely on for their personal health insurance and millions more for the protections given to the writing of Future insurance policies on September 27th President Trump tweeted he wants to see the Affordable Care Act quote terminated in the Supreme Court let’s be very honest about this this this president has never suffered an unaltered thought he gives us 25 tweets a day to tell us what’s 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 eliminating the Affordable Care Act this is his litmus test how many times have we heard it how many times we heard his criticism of Chief Justice Roberts for for failing to strike down Obamacare Obamacare when he was running for president event then candidate Trump tweeted quote if I win the presidency my judicial appointments will do the right thing unlike bushes appointee John Robertson on Obamacare think it would meet what it mean if the Republicans wish to strike this down all the people who would lose their coverage which we have heard we counted repeatedly this morning and we’re here even more republicans in Congress have been obsessed with repealing Obamacare for years but they don’t have the votes to do it they couldn’t get it done in the house they couldn’t get it done in the Senate thanks to three Brave Republicans including John McCain and now they’ve got to rely on the court to do their work judge Barrett you’re on the record you wrote an article in which you criticize the nfib versus Sebelius case were chief justice Roberts was the deciding vote of holding the ACA now your nomination is moving forward at unprecedented speed so what’s at stake let me show you what’s at stake here what should I meet Kenny Murray from Tinley Park Illinois and his family unless year I had a privilege of meeting the family and my Washington office here’s a picture of Sue Ken or daughter Maddie and their son Kenny Susie and Kenny Marie told me that it’s that their son Kenny was diagnosed in utero with multiple complex congenital heart heart defects before his first birthday Kennedy Kennedy had to open heart surgeries that Advocate Children’s Hospital outside of Chicago he had surgery for the third time at 14 months of age four months in his young life he was staying in the Pediatric ICU and his health bills had reached a million dollars when Kenny was born in November 2013 his dad’s health insurance through his employer had a lifetime maximum cap of a million bucks thankfully the the Affordable Care Act band insurance companies for the imposing these annual or lifetime limits including an employer-sponsored health insurance that ban went into place in January 2014 6 days before Kennedy’s first surgery if it weren’t for the ACA Sue and Ken would have hit the lifetime limit for Kenny and Kenny and just four months they told me they would have gone bankrupt thanks to the Affordable Care Act Kenny was able to get the care he he needed this last picture I want to show you well here it is wouldn’t you want him on your team I sure sure would she gave permission for me to share Kenny story today is mom Sue said quote Kenny is a real person whose life depends on the Affordable Care Act Act judge judge Barrett your nomination for a lifetime appointment to the highest court in the land comes before us under a cloud you have been nominated by a President Who shows contempt for the Constitution but does not hesitate to tell his loyal followers that you are being scented the bench to do is political chores abolish the ACA rule in his favor on any election contest

and even more you cannot feel good about a president cheapening this historic moment the future of the Affordable Care Act and so many other issues hang in the balance voting rights civil rights the right to privacy and choice Environmental Protection gun safety laws marriage equality dreamers work protection these are the stakes if we wait just a few more days we’ll know what the American people have have to say thank Senator Durbin Senator Lee welcome back back thank you mr. chairman welcome judge Barrett and welcome to your family as well judge Barrett you and I have a number of things in common we were both raised in large families in fact we’re both one of seven children in your case as I recall you’re the oldest of seven children which means that long before you had your own seven children you were also the de facto mother to many others the way things often work in large families is such that the oldest child Mary often takes on at an early age those responsibilities have undoubtedly helped you throughout life life establishing leadership roles in your career as a lawyer as a professor and now as a judge those leadership roles of course means something different in the judicial branch of government than they do in the executive branch or in the legislative branch of of government we’ve heard this morning a number of arguments that are essentially policy arguments many of them geared toward actual policies in some cases actual pieces of legislation we have to remember that we’ve got three distinct branches of government within our system we’ve got two that are political the legislative branch where we work where we make laws the executive branch headed by the president or the laws are executed implemented and enforced and of course the Branch where you work or the job or the laws are interpreted more people come to disagreement as to their meaning the branches are sometimes referred to is equal I don’t think this is the best description of them I think the best description of them is that they are coordinate branches of government meaning they each exist within their own sphere they’re not equal in the sense that the least dangerous branch was is always has been and always will be the judicial branch for the simple reason you can’t reach out you can’t decide where we’re going to go today or tomorrow the judiciary is composed find solely to those cases and controversies brought before you were jurisdiction you look not into the future but in the past you see the world as it were through a rear view mirror your job is to decide what the law says when people disagree as to the laws meaning those laws consists of words those words used in a particular combination in a particular context had a particular meeting on the day of their enactment or their incorporation into the Constitution and that’s your job job and yet if you were watching today’s hearing and some of the statements made by some of my colleagues in fact you were to look at any of the countless posters put up in here you’d think that this was a political discussion a policy discussion a legislative discussion you in fact are not being reviewed for a legislative position or policy making position you’re being reviewed for a position on our nation’s highest court court where you yes from time to time to decide cases based on the law based on the facts this is not something that should result or properly should be considered by us something that requires us to examine whether to what extent in what way you have compassion for any of the individuals depicted in these photos I’m certain just based on my Limited interaction with you that you have compassion for all all people but this isn’t the question or is the question before us whether you would agree or disagree as to any particular policy embedded within any particular statute you understand that this isn’t your job not as a judge on the US court of appeals for the seventh circuit where you now sit nor would it be if you were to confirmed to be confirmed as an associate Justice to the United States Supreme Court Court one might also have the impression from watching this morning’s proceeding so far that the Supreme Court of the United States is a remarkably bitter cynical and overwhelmingly bipartisan place it is not you and I have both clerked at the US Supreme Court and we both know that you actually look at the numbers you’ll see something remarkable despite its flaws and despite the fact that it

it sometimes makes mistakes mistakes the Supreme Court of the United States it’s a something that is the envy of the entire world a judicial system that despite the fact that it’s run by human beings and therefore is in perfect is the best judicial system that has ever existed on planet Earth Earth one of the many ways in which in which this is manifested is you look at the nine members of the Supreme Court and the fact that they come from different backgrounds they’ve been appointed by different presidents have come at it with somewhat different judicial philosophies to the extent that some of them have indicated what their political leanings might be they indicate that they come from different political backgrounds as well and yet the most common configuration of a Supreme Court decision is not not 524 it’s not even 6:00 to 3:00 it’s in fact 9208 to 1 and seven to to make up the vast overwhelming majority of all Supreme Court decisions now this is especially remarkable when you consider the fact that the Supreme Court typically takes up only those cases those rare cases as to which lower courts have been unable to reach an agreement when interpreting the same finite provisions of federal law a federal statute or a provision of the United States Constitution multiple lower Court’s very smart men and women from around the country highly specialized skilled in their trade have been unable to reach the same conclusion as to the meaning of the same group of words then and only then is the Supreme Court tend to take up those those cases and yet the Supreme Court overwhelmingly decides those cases either unanimously or near unanimously and without these partisan divisions that one from watching this hearing would think is the bread and butter of the Supreme Court’s work that 524 configuration is actually relatively rare when it does arise it’s not even always involving a hot button political issue most of the Supreme Court’s docket doesn’t even consists of the hot button issues a whole lot of it of stuff that I find really really fascinating well like the dormant Commerce Clause I mean what American doesn’t sit up late at night and stew over whether it’s okay for a state or a political subdivision thereof to treat an article of Commerce differently based on its origin or destination out of state or outside the United States this of course is the kind of case that comes before the Supreme Court and might from time to time be decided on a five to four bases but not necessarily along the lines that one would predict based on the appointment of each Justice and the political party of each justices appointing appointing president there are of course some decisions that are politically charged and that Americans do worry about more than others that might affect more Americans let’s say then a decision about waste disposal in the context of the dormant Commerce Clause I understand that I get that but they’re too we can’t overstate or overplay play the role the Supreme Court of the United States might exert in that context even in those circumstances circumstances when the Supreme Court rules that something has been done in a way that’s not constitutional it doesn’t mean that that’s the end of the policy Road there sometimes it might means the wrong government government acted sometimes it might mean that the federal government acted acted where a state should have or the other way around other times it might mean that the wrong branch of government acted other times it might mean that they went about it the wrong way here’s nearly always another way around a particular policy policy concern whether we are talking about health care whether we’re talking about privacy and individual liberty each and every person serving anywhere in our government has an obligation to look out for the best interests of those they represent in fact each and every person serving as an officer of the United States government is required under article 6 of The Constitution to take an oath to uphold and protect and defend the Constitution of the United States the Constitution in short this document written nearly two and a half centuries ago it is helped Foster the development of the greatest civilization the world has ever known is not just a Judicial judicial thing this is a thing that works works and works

best when everyone of us reads it understands it and takes an honors an oath to uphold that and protect it and defend it when we do our jobs in this branch when our friends in the executive branch do their jobs it requires us to follow the Constitution just the same way these tactics of creating fear and uncertainty and doubt these tactics that result in relentless protests outside of the one branch of government that isn’t isn’t political Astound me but they dismay me and they disappoint me they reflect the fact if we have allowed for the politicization of the one branch of the federal government that is not political we can turn that around we ourselves within the legislative branch have got to do a better job job by focusing on the fact that the constitution is not just a Judicial thing it’s also a legislative thing it’s also an executive thing it’s an American thing one of the many reasons why I will object anyone anytime anyone tries to attribute to you a policy position and hold you to that you’re not a policy maker you’re a judge that’s what we’re here to discuss thank you very much mr. chairman definitely some good news Senator Lee’s enthusiasm for the dormant Commerce Clause convinces me you’ve made a full recovery recovery Senator Whitehouse chairman judge Barrett America’s worried about one thing Above All else right now and it’s our health this hearing itself is a microcosm of Trumps dangerous ineptitude in dealing with the covid pandemic Trump can’t even keep the White House safe here it’s the Chairman’s job to see to the committee’s safety and though his words were reassuring I don’t know who has been tested who should be tested who is a danger what contact tracing has been done on infected and exposed senators and staff nothing the whole thing just like like Trump because an irresponsible botch the irony is that this slapdash hearing targets the Affordable Care Act Act the Supreme this Supreme Court nominee has signaled in the judicial equivalent of all caps that she believes the Affordable Care Act must go and that the president precedent protecting the ACA doesn’t doesn’t matter the big secret of influences behind this unseemly Rush see this nominee as a judicial torpedo they are firing at the ACA so I hope Republicans consider what’s at stake for the many people who depend right now in this pandemic on ACA health coverage Rhode Islanders are calling writing emailing tweeting me by the thousands asking me to say no to this nominee mostly because they to see her her as a judicial torpedo aimed at their essential essential protections and my constituents want you my colleagues members of the Republican party to stand up for once to Mitch McConnell and to the big donors who are driving this process and for the sake of Regular People say stop here’s one person to consider Laura from North Smithfield Rhode Island Laura’s brother saved her life when he donated one of his kidneys to her the hereditary nephritis Laura battled was a pre-existing condition protected under the ACA just like covid is now a pre-existing condition for nearly 8 million Americans Laura tells me without the ACA in its protections for people with pre-existing conditions insurance premiums if I’m able to get insurance at all will be financially Out Of Reach for me and I will no longer be able to afford the health monitoring Labs specialist appointments and treatment that are essential for my kidney to function my immunosuppressive medications alone would cost about

forty eight thousand dollars annually before the ACA patients like me experience times when they would come up against a life-threatening wall not in treatment but in the annual or lifetime caps on coverage insurers were allowed to impose I can’t imagine what this would have meant for me bankruptcy or worse Laura’s not alone we’re in the midst of a Relentless deadly Health crisis that Trump has botched which touches nearly everyone in this country Americans are dying by the hundreds of thousands our our economy is down on 10 million jobs despite all the warnings and all the desperate pleas for help people on the front healthcare workers teachers First Responders police officers countless others still struggle for the resources they need more and more small businesses are closing for good many hospitals Teeter at the edge of insolvency Rhode Island like so many other states faces cruel fiscal challenges brought on by this pandemic pandemic since May the house has passed two major covid relief bills to tackle unemployment insurance Aid to the front lines help to small business support for hospitals to port for states and localities and plenty more Mitch McConnell Senate Republicans won’t budge no urgency he said but 80 minutes after we learned of Justice ginsburg’s death Mitch McConnell signaled he would fill this vacancy vacancy the White House chose our replacement three days later Justice Ginsburg hadn’t been buried when the president and Senate Republicans celebrated judge Barrett’s nomination at the White House super spreader event this was a hypocritical Tire squealing 180 many republican colleagues when they blocked Merrick Garland We heard Non-Stop about the importance before an election of the American people weighing in at The Ballot Box Non-Stop that you shouldn’t have a nominee appointed to the court after the primary season had begun well now the Americans voting right now in the general general election we get this mad slap – Rush why why look at the Supreme Court calendar exactly one week after the election on November 10th the Supreme Court is going to hear California V Texas a constitutional challenge to the ACA it survived its last challenge by one vote if the new challenge succeeds with a new Justice the case will tear out the ACA the law on which over 20 million Americans rely for health insurance through which 17 million Americans access Medicaid coverage under which hundred twenty nine million Americans Americans get pre-existing editions covered under which millions of seniors enjoy lower drug costs gone and make no mistake this nominee signals on the ACA and on respect for the a CPAC a precedent are clear clear enough to move her to the top of the big donors list just three years ago she wrote the Chief Justice Roberts push the Affordable Care Act Beyond it’s plausible meaning to save the statute in 2013 she wrote that story decisis is not a hard and fast rule rule in the court it’s constitutional cases the ACA being a constitutional case clear signals that are likely why she’s before this committee now so back to Laura with stories like Laura’s coming in from around the country why would we rush forward forward well the answer isn’t pretty there’s a promise to big donors that must be kept when David Koch ran for vice president he campaigned on getting rid of Medicare and Medicaid imagine his Fury when ObamaCare passed his groups are spending Millions right now on this nomination republicans in Congress tried and failed to repeal the ACA more than 70 times it’s in the Republican Party platform for justices to reverse the the ACA Trump has over and over said this is his reason reason and now we’re in this mad rush to meet the November 10th argument deadline and colleagues pretend this isn’t about the ACA right right the travel of the ACA case leads to one Senators doorstep in a Politico article yesterday the senior senator from from Texas tried to say that this Rush process isn’t targeting the ACA but look at the record the district judge in Texas who struck down the ACA in the case now headed for the court as a former aide to the senator who’s become what the Texas Tribune calls the favorite for Texas Republicans seeking big judicial winds like torpedoing the ACA the senior senator from Texas introduced in committee the circuit court judge who wrote the decision on appeal striking

down the ACA ACA Senator cornyn has filed a brief after a brief arguing for striking down the ACA he led the failed Senate charge to repeal the ACA in 2017 he said I’ve introduced and co-sponsored 27 bills to repeal all to repeal or defund Obamacare and devoted to do so at every opportunity and now talking about socialized medicine the old Republican Battle Cry against Medicare Senator cornyn and all of it our colleagues on this committee are pushing to get this nominee on by November 10th the time needed to strike down the Affordable Care Act please don’t tell us this isn’t about the Affordable Care Act Act from corn and judge to corn and judge to this nominee hop hop hop when Texans lose their ACA Healthcare protections hop hop hop hop to see whose doorstep that sits on lost in this hypocritical Rush is the legacy of Ruth Bader Ginsburg let me close by remembering her for a minute in this unseemly charade she fought for equality equity and dignity she forged a path for women in the law to Harvard Law School to the Pinnacle of legal Academia to the Apex of legal advocacy and on to the Supreme Court where she defended women’s Reproductive Rights Gonzales V Carhartt the rights of workers Ledbetter RV Goodyear Tire and rubber rubber rights Shelby County V holder the rights of immigrants Homeland Security V regents and countless other freedoms in her work she bent the Arc of the moral Universe towards Justice for All Americans how fitting that she should be the first woman to lie in state in our United States States Capitol as to this charade big donors may love it but American see what’s going on they see this ugly Hasty hypocritical power grab and they know what it means for their Healthcare in the midst of a pandemic for Republicans there is no washing your hands of responsibility for the results that your president has told us will will ensue thank you mr chairman thank you Senator Cruz I think is with this virtually is that correct yes mr. chairman thank you mr. chairman good morning welcome welcome to judge Barrett welcome to your family welcome to your beautiful children who are here with you today you know I want to start by making some observations about what we’ve heard this sport at the very beginning let me observe as Sherlock Holmes famously observed observed that what speaks the loudest is the dog that didn’t bark which is today to every Democrat who spoken we’ve heard virtually not a single word about about judge Barrett we’ve heard a lot of attacks at President Trump we understand our Democratic colleagues or not supporters of the president we’ve heard a lot of political rhetoric we just turned the senator from Rhode Island directing some attacks as senator cornyn from Texas and I understand there’s an election in a few weeks so that those those political attacks are not surprising but we’ve heard very little about the nominee who is here and who’s confirmation confirmation where consider and I think part of the reason for that is that on any measure judge Barrett’s credentials are impeccable this is a woman who graduated number one in her class at Notre Dame Law School I’d venture to say I that that that there is likely not a single member of this committee who graduated number one in their class in law school perhaps my colleague Mike Lee can disagree with that statement but it’s it’s it is a very impressive accomplishment judge Barrett went on to be a clerk to the great Justice Antonin Scalia one of the greatest justices ever to serve on the Supreme Court Court we heard celebration from Senator Leahy about the fact that he was confirmed 98 to to nothing from there she became a law professor for two decades at Notre Dame law school teaching the law to her students where she was beloved where she was respected where she was a serious careful scholar and now she is one of the most respected federal court of appeals judges in the country none of the discussions from our Democratic colleagues addressed any of that because those impeccable ‘s those those credentials are on their face impeccable indeed the American Bar Association which typically liens hard left and has a

long pattern of favoring Democratic nominees over nominees appointed by Republican presidents had no choice choice but conclude that she was well qualified as a majority of the reviewing board kid judge Barrett’s qualifications are remarkable and I believe she will serve as an excellent Supreme Court justice so what is our Democratic friends have focused on well one thing they focused on is is history and they claim the fact that this nomination is occurring at all is illegitimate doesn’t matter who judge Barrett is there that doesn’t matter what she’s done doesn’t matter her record doesn’t matter for extraordinary family story of doing all of this while being a mom to seven kids the timing of the nomination our Democratic friends tell tell us makes it a legitimate well except for that history does not accurately reflect what the Senate has done over two centuries this question of what happens when there’s a supreme court vacancy during a presidential election year 2020 is not the first time America’s face that question indeed in our country’s history that question has come up a total of 29 times so 29 times presidents have faced the same circumstance and presidents have nominated individuals to fill those positions all 29 times 100% of it doesn’t matter if you’re a Democrat or Republican from the president’s perspective it’s easy if there’s a vacancy even during a presidential election year you make a nomination 44 individuals have served as president throughout the history of our country half of them 22 of the president’s we have had have made Supreme Court nominations for vacancies that occur during a presidential election election year but what is the Senate done well again the Senate President is quite clear and it’s something that our Democratic friends do not want to address do not want to confront of those 29 times 19 of them occurred when the president and the Senate were of the same party and when the president the senator the same party history shows that those nominees get confirmed 17 of those 19 were confirmed for vacancies that occur during a presidential election election year on the other hand for those doing math at home the remaining 10 occurred when the Senate and the president were of different parts when the president and senator of different parties the Senate over history is confirmed only two of those ten nominees again history is clear the overwhelming majority of instances of the president and Senate are of different parties that nominee doesn’t get confirmed that is of course what happened with judge Garland nominated by President Obama President Obama was a Democrat the Senate was in Republican hands and following tradition of 200 years the Senate did not confirm that nominee now some might think the difference between whether the Senate and the president are of the same party or different party that’s just a question of partisan alignment of partisan partisan power but that actually misunderstands the Constitutional structure the framers of the Constitution deliberately set up a system of checks and balances so that nobody can become a Supreme Court Court nominee without both the president and the Senate each was designed to check the other that system of checks and balances balances limits power ultimately and protects the voters and indeed the voters made a clear choice you know one of the things that is clear from this discussion this morning morning is Democrats and Republicans have fundamentally different visions of the Court of what the Supreme Court is supposed to post do what its function is is Democratic senators view the court as a super legislature as a policymaking body as a body that will decree outcomes to the American people that vision of the court is something found nowhere in the Constitution and it’s a curious way to want to run a country even if on any particular policy issue you might happen to agree with wherever a majority of the court is on any given day who in their right mind would want the United States of America ruled by five unelected lawyers wearing black robes it’s hard to think of a less Democratic democratic notion then unelected philosopher Kings with with life tenure

decreeing rules for 330 million Americans that is not in fact the courts job the courts job is to decide cases according to the law and the leave policy making to the elected legislators now look that doesn’t mean policymaking is unimportant in fact it means to the contrary policymaking is very important important and the people need to have a direct check on policy making you know what if a rogue Court implements policies you don’t like you the American people and very limited ability to to check them if a rogue Congress implements policies you don’t like you have a direct ability to check us by throwing the bums out and voting them out and voting a new Representatives you know much of the argument this morning has concerned Obamacare and they’ve been policy arguments a policy argument is there actually incurring in the Senate which is the right place for them them to occur a legislative body but our Democratic colleagues simply want a promise from a judicial nominee that this nominee will work to implement their policy vision of Health Care that is not a judge’s job that is not the responsibility of a judge and in fact making that promise would be violating the judicial oath I don’t know what will happen in this particular litigation on Health Care but I do know that this body should be the one resolving the competing policy questions at issue many of our colleagues talked about pre-existing conditions and and I think they have made a political decision they want this to be the central issue of the confirmation will remember this every single member of the Senate agrees that pre-existing conditions can and should be protected period the end there is complete unanimity on us now it so happens that are there are a number of us on the Republican side that also want to see see premiums go down has caused premiums to Skyrocket the average family’s premiums have risen over $5,000 a year millions of Americans can’t afford health care because of the policy failures of Obamacare those questions should be resolved in this body in the elected legislature it’s not a justices job to do that it’s not the courts job to do that it is the elected legislators job to do judge Barrett brings impeccable credentials a traditional temperament and a faithfulness to the law that’s what we should be looking for in Supreme Court Justices and if Democratic senators want to engage in policy arguments they can do so here not by filibustering every bill is they have done over and over and over again whether it’s pandemic relief or Obamacare relief to lower premiums that expand choices to date our Democratic colleagues filibuster everything and then complain nothing gets past this is the body that has to resolve those questions this is also the body that consistent with two centuries of precedent can should and I believe will confirm judge Barrett as Justice bear thank you Senator Klobuchar welcome judge Barrett this this committee is gathered today for what I consider one of its most solemn duties and one that I take very seriously federal judges Senators the president of the United States we all take an oath to uphold the Constitution we make promises to do justice to tell the truth at its core that’s what judges do right figure out the truth figure out Justice my mom a second grade teacher spent her life teaching little kids what was right or wrong but was true or false I still believe it matters and so do the American people but we are dealing with a President who doesn’t think truth matters and he has allies in Congress who in the past defended our democracy but are now doing his bidding Senators who clearly set out that the president a precedent that the president in an election year should wait that we should have an election and that then see people choose the president and the president chooses the nominee that was your precedent it has been said that the wheels of Justice turn slowly and Justice on the other hand can move at lightning speed as we are seeing here today we cannot and you watching at home should not separate this hearing from the moment we are in and from the judge trying to rush through through to respond to Senator Cruz this

isn’t a rush to Justice this is a rush to put in a Justice justice whose views are known and who will have a profound impact on your life and yes these policies that the Court decides they matter where you can go to school who you can marry decisions you can make about your own body and yes your health care the president knows this we have a president who who has refused used to commit to a peaceful transfer of power after an election every candidate does that but not this guy we have a president who has fired or replaced five inspector General’s Senator Grassley who has fired and attorney general and FBI director and is now going after their replacements we have a president who divides our country each and every day he is called our military suckers and losers he’s refused to condemn white supremacist oh he has the gall to hold up a Bible as a prop in front of a church instead of heating it’s words to act justly and now he says this election will end up in court court why Senator Cruz does President Trump matter he is putting the Supreme Court in place in his words to quote look at the ballots and quote well I won’t can see that this election is headed to the court because you know at home exactly what the president is up to that’s why you’re voting that’s why you are voting in in droves why are you voting well you know that your rights your health your health care is on the line you know that they are trying to push through a Justice who has been critical of upholding the Affordable Care Act and they’re doing it in the middle of a pandemic and you can see here in this room the misplaced priorities of this Republican runs Senate and it’s in your hands to change change it are they working to pass a bill to help Americans to get the testing they need to save their lives are they working to help the moms trying to balance a toddler on their lap while balancing a laptop on their desk are they trying to help our seniors isolated missing graduations and birthdays are they passing the bill the house passed that would help our economy that’s not the priority instead instead they choose to do this so Sonu we cannot divorce this nominee and her views from the election we are in we didn’t choose to do this now to plop a Supreme court nomination Hearing in the middle of an election they did so the reason people aren’t going to fall for this is because it is so personal the over 210,000 people who have died the school cancel the small business clothes the job you don’t have the degree you couldn’t get it’s personal to me because my husband got covid or early on he ended up in the hospital for a week on oxygen with severe pneumonia and months after he got it I find out the president knew it was airborne but he didn’t tell us we were cleaning off every surface in our house and my husband got it anyway we didn’t know a my dad at 92 he got it in his Assisted Living I stood there outside his window and a mask and he looks so small and confused he knew who our family was but he didn’t know what was going on thought it was going to be the last time that I saw him he miraculously survived but Marnie Zhang she didn’t Marnie was a rising star the chairwoman of the same Paul’s School Board in just 31 years when covid took her life her dad felt sick she went with him to the hospital because he was scared and then she got sick never got off a ventilator and died the daughter of Hmong refugees whose parents fled Laos to a refugee camp in Thailand and before arriving in Minnesota Marnie and Her Seven siblings grew up in st. Paul they’re family the American dream this is who this virus has taken from us someone who has left behind a mother and a father and seven siblings who loved her and someone who undoubtedly would have made the world a better place the president could have saved so many lives instead he’s been Reckless packing people in without mass for your nomination party judge Barrett third people got sick the president himself ends up in the hospital and when he leaves Walter Reed still contagious he defiantly takes off his mask and walks into the White House and then he lies and says the virus will magically go away the truth matters and the truth is America that this judicial nominee has made her view so clear and this president is trying to put her in a position of power to make decisions about your your lives the Affordable Care Act protects you from getting kicked off a year Insurance that’s on the line the president has been trying to get rid of

Obamacare since he got in power John McCain went in and stopped it with that big thumbs down then they went and brought a case to the US Supreme Court and they’re now trying to stack the deck against you right now the last time this was before the court in a big way was when Justice Roberts not exactly a blazing liberal voted the same as Justice Ginsburg Ginsburg the Affordable Care Act and this nominee she criticized him America this is about you it’s about these two girls up here Evelyn and Mariah identical twins from Cambridge Minnesota honor roll student star athletes they play in the softball team one’s a picture one’s a catcher they also play basketball one of them got severe diabetes when she was very young does it matter which one the picture the catcher they both deserve good health health care they get that with one stroke of a pen one judge can decide if millions of Americans including their family would lose their insurance one can judge can decide of millions of Americans can lose our right to keep their kids on their insurance until they’re 26 years old one judge can decide that if seniors prescription drugs which already are too high could soar even higher this is a judgeship that was held by an icon who voted to protect your health care Ruth Bader Bader a woman who never took no for an answer when they told her a girl shouldn’t go to law school she graduated first in her class and when they told her a man should argue Landmark equal protection cases because maybe they’d have a better chance of winning she did it herself and she won she never gave up she had her own hashtag well into her 80s the notorious RBG and her last fervent wish was that a new president the winner of this election her replacement when you look at her opinions you realize she wasn’t just writing for today she was writing for tomorrow to the women of America we have come so far and in the name of RBG we should not go backwards as the rabbi said it justice ginsburg’s Memorial in the capital her descent her strong words when she would disagree with the Republican appointed justices who words were never cries of defeat they were blueprints for the future so to all Americans this hearing whatever these guys try to do whatever you hear from me it will not be a cry of defeat it will instead be our blueprint for the future yes yes judge I think this hearing is a sham I think it shows real messed up Priorities from the Republican Party but I am here to do my job to tell the truth to all Americans we don’t have some clever procedural way to stop that sham to stop them from rushing through a nominee but we have a secret weapon that they don’t have we have Americans who are watching who work hard every day believe in our country and the rule of law law whether they are Democrats Republicans are independent they know what this President and the Republican Party are doing right now is very wrong in fact 74% of Americans think we should be working on a covid relief package right now instead of this let me tell you a political Secret hideout that will be a brilliant cross-examination that’s going to change this judges trajectory this week no it is you it is you calling Republican Senators and telling them enough is enough telling them it is personal telling them they have their priorities wrong so do it and it is you voting even when they try to do everything to stop you it is you making your own blueprint for the future instead of crying defeat so do it this isn’t Donald Trump’s country it is yours this shouldn’t be Donald Trump’s judge it should be yours thank you mr chairman senator says thank you mr. chairman judge Barrett welcome congratulations Jessie ferret congratulations I just want to say Senator Klobuchar said a number of things about covid that I agree with she cited a bunch of really painful stories in Minnesota and similar stories could be told from across the country I even agree with parts of her criticism of the mismanagement of covid by Washington DC um I don’t know what any of that has to do with what we’re here to do today huge parts of what we’re doing in this hearing would be really confusing to

eighth graders if Civics classes across the country tuned into this hearing and tried to figure out what we’re here to do and they heard as much as they’ve heard about 2009 finance committee debates about what should be in a health care reform package I’m blessed to sit not just on the Judiciary Committee but also on the finance committee and lots of the discussions we’ve had here today fit better in a finance committee hearing that in a Judiciary Committee hearing so I think it would be very useful for us to pause and remind ourselves and do some of our civic duty to eighth graders to help them realize what a president runs for what a senator runs for and on the other hand why judge Barrett is sitting before us today and what the job is that you’re being evaluated for so if we can back up and do a little bit of eighth grade civics I think it would benefit us and benefit benefit the watching country and especially watching eighth grade civics classes so I’d like to distinguish first between Civics and politics because there was a time the chairman said at the beginning of this hearing there was a time when people that would be as different as Ruth Bader Ginsburg and she was a heroic woman that’s absolutely true and Antonin Scalia another brilliant mind and your Mentor people that different could both go through the Senate and get confirmation confirmation votes of E5 or 98 votes and the chairman said at the beginning of the hearing he doesn’t know what happened between then and now I think some of what happened between then and now is we decided to forget what Civics are and allow politics to swallow everything so if I can start I’d like to just remind us of the distinction between Civics and politics Civics is the stuff we’re all supposed to agree on regardless of our policy views differences Civics is another way we talk about the rules of the road civics 101 one is the stuff like Congress rights laws the executive branch enforces laws courts apply them none of that stuff should be different if you’re a Republican or a Democrat or a Libertarian or a green party member this is basic Civics Civics is the stuff that all Americans should agree on like religious liberty is essential people should be able to fire the folks who write the laws and we can’t the voters can’t fire the judges judges should be impartial this is Civics 101 politics is different politics is the stuff that happens underneath Civic Civics is the overarching stuff we as Americans agree and in common politics is the subordinate less important stuff that we differ about politics is like if I look at my friend Chris Coons and I say listen up jackwagon what you want to do on this particular finance committee bill is going to be way too expensive and might bankrupt our kids or if Chris looks back at me and says listen up jackwagon you’re too much of it a cheapskate cheapskate and or under investing in the Next Generation that’s a really important debate that’s a political debate that’s not Civics Civics is more important than that Civics doesn’t change every 18 to 24 months because the Electoral winds changed because polling changes I think it’s important that we help our kids understand that politics is the legitimate stuff we fight about and Civics is the places where we pull back and say wait a minute we have things that are in common and before we fight again about politics politics let’s reaffirm our Civic so I’d like to have just sort of a basic grammar of civics for five minutes one thing that we should all agree on and two things that we should all disagree with we should agree on it but one thing that we agree about in are in favor of and two things that we agree on that we should all reject first a positive Grand unifying truth about America and that is religious liberty religious liberty is the basic idea that how you worship is none of the government’s business government can rage wage wage wars it can write parking tickets but government cannot save Souls government’s really important or is important parking tickets are in for are important but your soul is something that the government can’t touch so whether you Worship in a mosque or a synagogue or a church your faith or your lack of faith is none of the government’s business it’s your business and your families and your neighbors and all sorts of places where people break bread together and argue but it’s not about power it’s not about Force it’s not about the the government this is fundamental American belief religious liberty is one of those five great freedoms clustered in the First Amendment religion speech press assembly and protest these five freedoms that hang together that are the basic pre governmental rights are sort of civics 101 that we all agree on well before we ever get to anything as relatively inconsequential as tax policy so Civic should be the stuff we affirmed together and contrary to the belief of some activists activists religious liberty is is not an exception you don’t need the government’s permission to have religious liberty religious liberty is the default Assumption of our entire

system and because religious liberty is the fundamental 101 rule in American life we don’t have religious tests this committee isn’t in the business of deciding whether the Dogma lives too loudly within someone this committee isn’t in the business of deciding which religious beliefs are good and which bullet religious beliefs are bad and which which religious beliefs are and I just want to say as somebody who’s self-consciously a Christian we got a whole bunch more really weird beliefs forgiveness of sins the Virgin birth Resurrection from the dead eternal life there are a whole bunch of really really crazy ideas that are a lot weirder than some Catholic moms giving each other advice about parenting and yet there are places where this committee has acted like it’s the job of the committee to delve into people’s religious communities that’s nuts that’s a violation of of our basic Civics that’s a violation of what all of us believe together this is not a republican idea it is not not a Democrat idea it’s a Democrat idea and a republican idea but more fundamentally it’s an American idea and the good news is whether you think your religious beliefs might just be judged wacky by someone else it’s none of the business of this committee to delve into any of that in this context because in this committee and in this Congress and in this constitutional structure religious liberty is the truth and whatever you or I or judge Barrett believe about God isn’t any of the government’s business we can all believe in that in common we should all reaffirm that in common and that should be on display over the course of the next four days in this committee now a couple of terms that all of our eighth graders should know as things we should reject in common and again shared rejection not Republican versus Democrat or democrat versus Republican but a shared American rejection and the first is this judicial ism judicial activism is the idea that judges get to advocate for or Advance policies even though they don’t have to stand for election before the voters and even though they have lifetime tenure judicial activism is the really bad idea that tries to convince the American people to view the Judiciary as a block of progressive votes and conservative votes Republican justices and Democratic justice has this is the confused idea that that the Supreme Court is just another arena for politics when politicians try to demand that judicial nominees who are supposed to be fair and impartial when they when politicians try to get judicial nominees to give their views on cases or to give their views on policies to try to get them to pre-commit commit to certain outcomes and future court cases we are politicizing the courts and that is wrong that is a violation of our oath to the Constitution likewise when when politicians use to give answers to the pretty basic question of whether or not they want to try to change the number of justices in the court which is what court packing actually is when they want to try to change the outcome of what courts do in the future by trying to change the size and competition composition of the court that is a bad idea that politicizes the Judiciary and reduces public Trust on the other hand deep politicizing the court looks a lot like letting letting courts and judges their jobs and the Congress do our jobs you don’t like the policies in America great elect different people in the house and in the Senate and in the presidency fire the politicians at the next election but voters don’t have the freedom to fire the judges therefore we should not view judges and we should not encourage judges or the public to view them as ultimately politicians who hide behind their robes the antidote to judicial activism is originalism originalism also known as as textualism is basically the old idea from eighth grade civics that judges don’t get to make laws judges just apply them an originalist comes to the court with a fundamental humility and modesty about what the job is that they’re there to do an originalist doesn’t think of herself as a super legislator whose opinions will be read by angels from stone tablets in heaven judicial activism on the other hand is the bad idea that judges black robes are just fake and truthfully they’re wearing red or ooh partisan jerseys under there we should reject all such judges and so today when we have a nominee before us we should be asking her questions that are not about trying to predetermine how certain cases will be judged and a final term that we should be clear about I mentioned earlier but I think it’s worth underscoring is we should underscore what is Court packing Court packing is the idea that we should blow up our shared Civics that we should end the deliberative structure of the Senate by making it just another body for the purposes of packing the Supreme Court Court packing would depend on the destruction of the full debate here in the Senate and it is a partisan

suicide bombing that would end the deliberative structure of the United States Senate and make this job less interesting for all 100 of us not for 47 or 53 because it’s hard to get to a supermajority that tries to protect the American people from 5149 4951 swings all the time what blowing up the filibuster would monthly do is try to term the Supreme Court into the ultimate super legislature Court packing is not judicial reform as some of you who wrote the memo over the weekend got a lot of media to bite on court packing is destroying the system we have now it is not reforming the system we have now and anybody who uses that language the language that implies filling legitimate vacancies is actually just another form of Court packing that’s playing the American people for fools and the American people actually want a Washington DC that deep politicizes more decisions not politicizes more decisions so judge I’m glad that you’re before us I’m looking forward to hearing your opening statement later today and I look forward to the question and you have to endure over the next two or three days even though you probably look forward to it a little bit less congratulations and welcome Senator Coons thank you mr. chairman judge Barrett to you and your family welcome over the past weeks I’ve been flooded with calls calls emails from delawareans delawareans who are scared because they are worried worried about their own health the health of a parent or child because they don’t know if it’s safe for their kids to go to school if their businesses Will Survive or because they’re wondering why on Earth this Senate is focused on racing forward with a supreme court nominee but is not willing to take a vote to provide needed relief for them and their families it is an understandable question when we’re in the midst of a devastating global pandemic in which more than two hundred and ten thousand Americans have died more than 7 million have been infected and have a new pre-existing condition why there were just three hundred thousand new cases this week and today more than 25 million Americans are collecting unemployment this is an ongoing National Emergency and as an exercise in Civics not politics we in Congress should be working and night to deliver them that relief instead my colleagues are barreling forward with a confirmation hearing that’s distracting from our responsibility to our constituents and threatens to further tear our nation apart mr. chairman as you know we’re just 22 days from an election there is no precedent despite my colleagues lengthy and I think hypocritical lecture about the history there is no precedent in our our nation’s history re for confirming a Supreme court nominee by the Senate this close to a presidential election in which a majority of states are already voting in fact six million Americans have voted this process flies in the face of the very rural Republicans set themselves in 2016 when they refused as a matter of politics not of civics to get to even consider a highly qualified nominee judge Merrick Garland nine before an election simply because it was an election year and mr. chairman in 2018 you went a step further and said if an opening on the Supreme Court came up in the last year of President Trump’s term you would wait until the next election and let the voters decide so what change sadly nothing nothing except the fact that this time President Trump and his allies in the Senate saw a chance in Justice ginsburg’s untimely passing to shift the balance of the Supreme Court for decades to come and that will have consequences in the real lives of millions of Americans proceeding with this confirmation today is wrong and if I could to my colleague who just spoke religious liberty I agree is foundational to our Civics and our our republic and I colleagues will focus judge Barrett on your legal writings your opinions your articles are speeches as a law professor and judge and I think when we do that we will conclude the ways in which you may serve as a Justice will do a rep rebuttal harm I think proceeding with this nomination in this way at this time we’ll also do harm to what remaining trust we have in each other to the Senate as a whole and potentially to the court itself as if all of this weren’t reason enough for us to delay were proceeding despite having two members of this committee who have contracted the virus that’s why the Senate’s out of session today that’s why all of us when not speaking or wearing masks that’s why the distance between us in light of all of this led to the stresses on our country I think this rushed hypocritical partisan process should not

proceed proceed but instead we are so let me try and help explain to those who’ve reached out to me why and why it matters centrally it’s this President Trump has promised over and over and over again that he would repeal the Affordable Care Act he ran on that promise but despite his very best efforts he’s failed my Republican colleagues here in the house has voted over and over and over to repeal the Affordable Care Act since it was passed a decade ago but thankfully for the people of nation and my state they too have been unsuccessful and yet today to make good on this promise to achieve what they could not accomplish through the Democratic process they’re looking to the courts in fact to the court they’re looking to this nominee President Trump explicitly promised anyone he nominated to the Supreme Court would do the right thing and be a vote to overturn the Affordable Care Act and just one week after the upcoming election the Supreme Court will hear a a case in which each the Affordable Care Act is at issue and where the Supreme Court will hear argument that supports the Trump Administration and the Trump’s Department of Justice position to strike down this Landmark law so let me be clear just a week after the upcoming election the Trump Administration will be telling the Supreme Court to tear down the very law that provides Healthcare Protections in the middle of an ongoing pandemic judge Barrett you’ve publicly criticized the Supreme Court’s past decisions upholding the Affordable Care Act and I think that is appropriately at issue in the days to come the president knows this and it’s one reason why he and my colleagues are rushing to have this confirmation just in time to hear the administration’s challenge to the Affordable Care Act I don’t think this is a comp a coincidence it’s beyond ironic that this Administration which has failed to respond to this pandemic pandemic is rushing through judge they believe will vote to strip away Health Care protections today because of the Affordable Care Act insurance companies cannot discriminate against women for being women they cannot charge more they cannot treat pregnancy as a pre-existing condition I cannot think of a sharper irony as we consider the legacy of Justice Ginsburg who dedicated her life to fighting for gender equality it also prevents insurance companies from charging any with pre-existing conditions editions more so Americans no longer have to worry about going bankrupt because of an unexpected illness or accident don’t take my word for it listen to the voice of care who’s behind me to my right Carrie from Middletown Delaware used to pay $800 a month for Junk insurance as she called it coverage so skimpy she had to live in fear of going to the doctor’s office or needing medication because of the ACA she was able to get better coverage to pay what she can afford based on her window she has diabetes she has high blood pressure but thanks to the ACA she can’t be denied care or coverage she told me when he spoke this takes the stress and the worry out of it and then ask me how is this even an issue wasn’t that settled years ago Carrie’s right she should have the Peace of Mind that you can care for yourself and your family if you get sick I’ve heard many more stories from Delaware just over my shoulder here is Debbie from Newcastle a self-employed small business owner who receives her health insurance through the marketplace her pre-existing condition requires her to attend physical therapy and doctors appointments multiple times each month without the ACA Insurance companies would have charged her more because of her condition and she wouldn’t be able to afford her medical bills and support her small business there’s Barbed Slater from Newark Delaware who was diagnosed with scleroderma four years ago after losing her employer sponsored health insurance she was able to find new coverage in the marketplace thanks to the Affordable Care Act my inbox in the inbox of all my colleagues are filled with stories like carries Debbie’s Barb’s and they highlight the breadth of what the ACA means to the American people the ability of young people to stay in their family’s insurance lower out-of-pocket costs for seniors prescriptions the elimination of Lifetime lifetime caps he’s protections are on the line in the ballot and on the docket of the Supreme Court and it’s not just the ACA at risk judge I’m deeply concerned about ways in which your approach to something that may sound abstract to folks watching starey decisis or precedent that means your approach to reviewing and reconsidering and possibly overturning overturning long settled cases May overturn some of the very principles for which Justice Ginsburg fought her entire adult life principles that protect settled fundamental rights for all Americans what might this mean

cases like Griswold versus Connecticut that established married couples have a right to obtain and use contraception in the privacy of your own home may be in danger of being struck down it means cases like Roe versus Wade which protects a woman’s right to make her own critical Health Care decisions may be on the line and it means America fell versus Hodges which made marriage equality the law of this land could be overruled just a day after we celebrated coming out day nationally stripping lgbtq individuals of what Justice Kennedy memorably called equal dignity in the eyes of the law this is what I believe is at stake with this nomination nomination judge Barrett you will be deciding cases that have real daily impacts on the lives of millions of Americans they deserve to understand why President Trump nominated you and what consequences your decisions may have on them and their lives I’ve heard my Republican colleagues say all they care about is finding a future Justice who will apply the law as written as if all this is about today is an abstract fight about interpretive methodology and jurisprudence they seem shocked talking about what the Supreme Court might do if judge Barrett were to become Justice beard the judge Paradigm not suggesting you made some secret deal with President Trump but I believe the reason you were chosen is precisely because your judicial philosophy as repeatedly stated could lead to the outcomes President Trump has sought and I think that has dramatic and potentially very harmful consequences with regards to the election the Affordable Care Act and and long set child rights this is what I intend to lay out this week and this is what I hope the American people will hear in the course of this confirmation here thank you mr chairman thank you Nancy for planning purposes I think I talked to Senator Feinstein we will go to Center Holly Blumenthal and Tillis will take a 30-minute break grab a bite to eat and take a little bit of a break and come back and finish up so so mr. Hawley thank you mr chairman judge Barrett welcome it’s good to see you again Jesse Barrett welcome and to you and to your family as well I see that some of your children are getting a break they’ve earned it I think I’m amazed as I’ve been watching I’ve got two little boys at home my wife and I do I can’t believe how calmly your children have been sitting for a couple of hours so maybe you can give me some tips Jesse and judge when we’re finished here you know we’ve gotten to read a lot about your family last few weeks we’ve gotten to read a lot about you and in the Press and in particular about your religious beliefs one attack after another in the liberal media one hit piece after another many of them echoed by members of this committee like this one for instance Barrett long active with insular Christian group we’ve read we’ve read stories about your Catholic lifestyle stories about how you raise your children stories about how you adopted your children’s stories about your Catholic doctrinal beliefs over and over and over questioning whether you have I guess the independence to be a judge a Justice on the United States Supreme Court and it’s not just in the newspapers its members of this committee including the Democratic nominee for vice president of the United States who has questioned past nominees who have come before this committee about their membership in Catholic fraternal organizations like the Knights of Columbus and for those watching at home that’s right you heard me correctly Senator Harris and others on this committee have repeatedly questioned nominees Fitness for office because of their membership in the Knights of Columbus the ranking member when you were last before this committee judge for your initial confirmation hearings the ranking member refer to your Catholic convictions as Dogma that’s a quote that lives loudly within you picking up the very terminology of anti-catholic bigotry current in this country a century ago she wasn’t alone other Senators on this committee last time asks you if you were an orthodox Catholic one Senator said she worried that you would be a Catholic judge if you were confirmed because of your religious beliefs I guess as opposed to an American judge as if you can’t be both a devout Catholic and a loyal American citizen and it’s not just you judge other nominees who have come before this committee for years now have been asked by my Democrat colleagues over and over their views on sin their views on the afterlife their views and about the membership statements of organizations about their membership and other Christian organizations and on and on and on and let’s be clear about what this is this is an attempt to brochet New Frontier to set up a new standard actually it’s an attempt to bring back an old standard that

the Constitution of the United States explicitly forbids I’m talking about a religious test for office article 6 of The Constitution of the United States before we even get to the Bill of Rights Article 6 of The Constitution of the United States says clearly and I quote no religious test shall ever be required as a to any office or public Trust under the United States now that was big news in 1787 when it was written and it’s worth remembering why it’s because no country no Republic in the history of the world had ever guaranteed to its citizens the right to freedom of conscience and religious liberty every other country that had ever existed tied together the religious beliefs that would be approved by the powerful and the right to serve in office or to vote or just to be a citizen in every other country across history you had to agree with what those Empower agreed with in order to hold office or be a citizen in good standing you had to sign a particular religious confession or you had to disavow a particular religious groups we’re not to follow the pope for instance you had to pledge allegiance to the god of the city or the god of the empire this was true from 18th century Britain all the way back to ancient Rome Rome and so when our Founders put article 6 into the Constitution United States they were making a very deliberate choice they were breaking with all of that past history and they were saying in America it would be different in the United States of America we would not allow the ruling class to have veto power over your faith over what Americans believed over who we gathered with to worship and why and where and how how no in this country the people of the United States would be free to follow their own religious convictions free to worship free to exercise their religion and people of Faith would be welcome in the public sphere they be welcome there they be welcome without having to get the approval of those in power like those on this committee they would be welcome to Common to bring their religious beliefs to bear on their lives on their office and all that they do so so long of course peaceful citizens who follow the law religious people of all backgrounds would be welcome in public life and no person Empower would be able to control what the American people any American citizen thought or believed or who they worshipped this freedom of conscience and religious liberty undergirds all of our other rights because it tells the government that it cannot tell us what to think or who we can assemble with or how we can worship or what we can say and that’s why article 6 is there even before we get to the Bill of Rights and the First Amendment but this bedrock principle of American Liberty is now under attack that is what it is at stake when we read these stories attacking judge Barrett for her faith that is what is at stake when my Democratic colleagues repeatedly questioned judge Barrett and many other judicial nominees nominees their religious beliefs about their religious membership about the religious practices about their family beliefs and practices that is an attempt to bring back the days of the religious test that is an attempt to bring back the veto power of the powerful over the religious beliefs and sincerely held convictions of the American people and that is what is at stake in this confirmation confirmation hearing judge Barrett is a Catholic we all know that she’s a devout Catholic we all know that she and her husband have chosen to raise their family according to their Catholic beliefs and faithful fellowship with other Catholics we all know that hex 65 million Americans are Catholics and many many millions many many millions more are Christians of other Persuasions are they to be told that they cannot serve in public office that they are not welcome in the public sphere unless the members of this committee sign off on their religious beliefs I for one do not want to live in such an America and a Constitution of the United States flatly prohibits it now the Constitution says the people of Faith Like judge Barrett are welcome in high office welcome at any office welcome throughout our public life here in this country country and I would just say to my Democrat colleagues that these years now this pattern and practice as we say in the law this pattern and practice of religious bigotry because that’s what it is when you tell somebody that their to Catholic to be on the bench when you tell them they’re going to be a

Catholic judge not an American judge that’s bigotry the pattern and practice of bigotry from members of this committee must stop stop and I would expect that it be renounced now I just heard my colleague Senator Coons make a reference to an old case the Griswold case which I can only assume is another hit at judge Barrett’s religious Faith referring to Catholic Doctrine has beliefs I don’t know what else it could be since no one has challenged this case it’s not a live issue and hasn’t been for decades this is the kind of thing I’m talking about and this is the sort of a tax that must must stop I look forward judge Barrett to getting to the chance to speak with you further about your legal credentials about your legal views about your approach to the law and your judicial philosophy but I I hope that one thing that this confirmation process will stand for in the end I hope when we look back at the confirmation hearings for Judge Amy Barrett soon I hope to be Justice Amy Barrett one thing we will say is that was the time that was the year that the attempt to bring back religious test for office was finally stopped thank you mr. chairman senator Blumenthal thank you mr. chairman judge Barrett and to your family Welcome to the committee I want to introduce you to one of my constituents constituents Connor Kern of Ridgefield Connecticut he is 10 years old and he suffers from Duchene muscular muscular dystrophy it is a horrible incurable disease it slowly deprives children of the strengths and their ability to move eventually it robs them of their lives the costs of providing Connors care are astronomical but for Connor and his family it is worth every penny penny Connor is a superhero but he’s always had a real sidekick he’s had the protection of the Affordable Care Act Act it has children him and his family from arbitrary caps on coverage that would have cut off his care when it became too expensive it has protected protected Connor from losing Insurance because of this Insidious disease that he he never never caused and and chose the Affordable Care Act has given his family a measure of relief of Hope of peace they still worried about Connors Connors health but not their coverage or its its cost Connor and millions of others like them are why I will oppose your your nomination your nomination is about the Republican goal of repealing the Affordable Care Act the Obamacare they seem to detest so much it’s about people like Connor protections for people with pre-existing conditions tax tax credits that make health insurance more affordable bands on charging women more simply because they are women women that’s what my Republican colleagues have been finding new repeal for the last decade they voted dozens and dozens of times to repeal the Affordable Care Act and they have challenged it twice unsuccessfully in the United States Supreme Court and each time they they failed but now just one week after the election as you know the fate of the Affordable Care Act will be again in the hands of the United States Supreme Court Republicans have turned again to the court to try to achieve judicially what they cannot achieve achieve legislatively President Trump has vowed that any judge he nominated would pass the very strong test his words and that they would strike down the Affordable Care Act judge Barrett in all honesty you have have auditioned for this job through your academic writing and judicial opinions and you’ve passed passed that that test in fact you’ve stated twice in effect that you would have voted to strike down the Affordable Care Act had you been a Justice at the time you’ve been vetted you’ve been screened by the Trump Administration and special interests who want an activist judge judge they want someone who will legislate From the Bench

and strike down laws supported by a vast majority of the American people and that activism uses originalism because as a smokescreen if the American people have any any doubts about how dedicated my Republican colleagues are too taking away people’s Health Care just listen to their own words they’ve been remarkably candid and forthright Senator Graham our chairman has said you can’t repair this monstrosity I’m quoting you can’t repair this monstrosity called Obamacare you have to tear it down and start over over Senator Ernst to set quote I support immediate action to repeal Obamacare and replace it Senator corner it’s time to repeal and replace Senator Tillis repeal Obamacare let’s end this disaster disaster and and President Trump himself has said we want to terminate Obamacare Obamacare millions of Americans more than a hundred thirty million have a pre-existing condition asthma heart disease diabetes cancer Parkinson’s Parkinson’s pregnancy and now by the cruelest of ironies covid-19 covid-19 the cognitive of this pandemic now is a pre-existing condition that could prevent millions of Americans from being covered by Health Care stripping Health Care from millions of Americans during a pandemic that’s really what is at stake stake in the Republican lawsuit now before the Supreme Court and in this nomination and sadly it’s not just the Affordable Care Act that’s at stake it’s a woman’s right to decide when and how to have a family control over her own body body an activist judge on the bench doing what Congress could not do would also strike down common-sense gun safety laws laws Connecticut has been at the Forefront on gun violence protection on gun safety judge you acknowledged that your dissenting opinion in canner sounds kind of radical radical that’s because it is but if your views on the Second Amendment are adopted by the kinetic by the Supreme Court it would imperil common sense state laws like Connecticut’s all around the country today today we ought to be working on improving American Health Care we ought to be fighting covid-19 which is infected eight million Americans and killed more than two hundred fifteen thousand we should be producing a national testing strategy instituting effective contact tracing and securing sufficient PPE we ought to be providing assistance to the millions of Americans who have lost their job and faith economic hardship and heartbreak President Trump has failed to do any of it instead he and our Republican colleagues are riveted on rushing a judge threw this sham process dropping everything else presents Trump failure to to act will likely lead to 55 additional death 55,000 additional Americans laws over just the next three months Senate Republicans are refusing to address American Health Care or covid-19 or economic relief because they care more about putting an extremist ideological judge on the bench and not just on the Supreme Court I’ve learned as a senator that there are very few Unwritten rules very few written rules I should say in this place but there is one very important Unwritten unwritten rule keep your word Republicans have all sorts of excuses for why they are breaking their promise the promise that they would not not confirm a Supreme Court justice during an election year year each excuse boils down to nothing more than raw political power they’re doing it because

they they can but my does not make right they have boasted they have the votes but they don’t have the American people and they don’t have history on their side the American people want a plan to fight and conquer this disease they want a plan to book Americans back to work they want a a blueprint for the future not rolling back rights and turning back the clock I Revere the Supreme Court I clerked for justice Harry blackmun I’ve argued cases before the court four times now I’m really deeply concerned that the Supreme Court is losing the trust and respect of the American people the authority of the Supreme Court depends on that trust It has no army or police force to enforce its its decisions the American people follow the Supreme Court’s commands even when they disagree because they respect it Authority and now now President Trump and the Republican senator are eroding and destroying that legitimacy they they’ve stripped the American people of their say in this process simply to confirm a Justice who will strike down in in court legislate From the Bench what they can’t repeal in Congress Congress your participation let me be very blind in any case involving Donald Trump’s election would immediately do explosive enduring arm to the courts legitimacy and to your own credibility you must recuse yourself the American people are afraid and they’re angry and for good reason it’s a break the glass moment Americans must use their voices to speak out and stand up to contact my colleagues on this committee despite their boats about having the votes stand up and speak out to protect their own health Public Health and the health of our democracy democracy Thank You mr. chairman thank you Senator Blumenthal we will now I have seen her Tillis who’s with us remotely after his opening statement will come back at 12:20 and Senator hirono you will be the first one to make a statement so Center center to us thank you chairman Graham and ranking member Feinstein I want to take a moment to honor The Life and Legacy of Justice Ginsburg she was a living legend and a giant the legal world as a professor as a lawyer and as a judge and a Justice she was an inspiration model and role model and we honor her Legacy and I just want to make sure that her family knows the nation Mourns her loss but today we’re here to consider the nomination of a highly qualified Euros to the United States Supreme Court uh Jamie Coney Barrett she’s a top legal scholar a professor in the mold of the lake Justice Scalia for work is widely respected in the legal community and it’s clear why our former students voted her multiple times to be the distinguished professor of the year at the better Dame law school it’s also why every full-time faculty member of Notre Dame law supports her nomination or legal work and teaching have inspired hundreds of young lawyers especially aspiring female lawyers she’s a remarkable mother sir she has seven beautiful children and in spite of being busy working as a seventh circuit’s of the justice she makes time to be involved in her community and this nomination is important because it’s going to have a lasting impact on our Republic adjust this service on the bench involved every important issue facing our constitutional republic what are the limits of abusive and intrusive government power what’s the proper role of each branch of government and what are the fundamental protections that our constitution grants all Perkins these are foundational questions for the Supreme Court and they consider them every single term if confirmed judge Barrett will be tasked with answering these questions and I believe she’s going to do a great job but it’s not the rights enshrined in the Constitution that’s most important it’s the structure of the document itself that ensures our freedom justice Scalia understood this he was fond of saying every dictator in the world every president for life as Bill of Rights that’s not what makes us free what makes us free as our constitution think of the word

constitution it means structure Justice Scalia went on to note The Genius of our founding generation is that it disperse power across multiple departments the real danger to our constitutional republic is centralization of power in any one part of government when that happens Liberty dies and tyranny rains that’s why it’s critical that Supreme Court Justice maintain the proper role they decide cases they don’t make policy and recent gate the court has drifted towards a trend where it besides majority disputes over policy rather than reserving those decisions for the American people through acting through their elected representatives people like those of us in the US Senate article 3 judges cannot and should not be be policymakers we’ve heard many speak today about policy priorities that they’d like an activist Court to pass several months have engaged in fear mongering and describe judge parents nomination is an into Healthcare abortion rights labor rights and the list goes on and on and on these statements are unfair and they’re untrue this week they’ll attempt to have judge parrot commit to policy outcomes rather than do the work for that policy outcome and the US Senate just last month while they were falsely judge Barrett’s nomination would bring an end to the projections for pre-existing conditions every single Democrat on this committee voted against the measure that would do just that they’re failing to do their job and they want the court to do it for them my review of Judge Barrett’s record convinces me she’s not only one of the most qualified individuals ever to be nominated but she also understands the proper role of the article 3 branch she reaches conclusions dictated by the law not by personal preference that’s the right thing to do my Democratic friends to cry the Audiology nominee has predetermined outcome in mind while in the same breath they demand the nominee agree to their preferred outcome of a case the hypocrisy incredible they ignore a central fact judge barrage rulings aren’t meant to be for against a particular policy outcome she’s not a legislator that’s our job however when the minority can’t get their bad policies passed in Congress they turn to the courts to demand a judges interpret the law not as written but as they prefer her opinion simply order the outcome the law dictates as passed by Congress of politically accountable Branch nothing more and nothing less less my Democratic colleagues claim that care about the first amendment the Fifth Amendment the Fourteenth Amendment if they care about our constitutional Liberties then this should care about confirming a judge who understands the proper role of the Supreme Court rights granted by none can just as easily be end up by none to quote Justice Ginsburg real change in change happens one step at a time it doesn’t happen by judicial Fiat judge Barrett understands that principle she knows the role of the Supreme Court Court justice and she’s highly qualified to do this job judge Barrett when I met with the in the capital I asked you to sign to pocket constitutions for my two granddaughters and at that you wrote dream big when they’re old enough to understand the significance I’m going to explain to them that just like justice Barrett they can with hard work and determination realize their American Dream so for the next few days when members of this committee mischaracterize your views their allies in the liberal media are saying terrible things about you and your family stand tall stand proud and stand true rely on your faith I know that you’re an inspiration to millions of young women in this country like my granddaughter’s and we’re proud of you thank you judge parrot for being with us today congratulations on the recognition of your hard work and your character I look forward to hearing your testimony thank you mr. chairman thank you Senator tennis tell us will be in recess until 12:00 12:00 20 will start was Senator Runner runner okay

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we should wait on her I’m sorry apologize apologize welcome back judge senator hirono thank you mr. chairman judge Barrett welcome to you and your family as we say in Hawaii aloha mr. chairman these are not normal times nearly 8 million Americans have contracted covid-19 and tragically 215,000 people and Counting have died from this disease 12.5 million Americans are out of work tens of thousands more children are living in poverty going hungry because their parents have lost their jobs and can’t afford to buy food hundreds of thousands of of small business have closed their doors forever shattering dreams and livelihoods the White House has become a covid-19 hotspot driven by the president’s ongoing denial of how serious this pandemic is not even Contracting the virus and being hospitalized seems to have shaken him back to reality in normal times the Senate would be focusing our attention on passing legislation to help the millions of Americans he’s suffering during this pandemic but these are not normal times instead Senate Republicans are rushing to put a nominee on to the Supreme Court to be the deciding vote to take Healthcare away from millions of people President Trump has been very clear about what

he’s doing is repeatedly promised to appoint Supreme Court Justices who will strike down the ACA and by nominating judge Barrett the president is keeping his promise in Her speech at the White House covid super spreader event two weeks ago – Barrett aligned herself with her mentor the late Justice Antonin Scalia who twice voted to strike down the ACA to help the president keep his promise our Republican colleagues are rushing to confirm judge Barrett in a hypocritical illegitimate process mere the election they want judge Barrett see that just in time to hear the Republican lawsuit challenging the ACA a week after the election for America’s dealing with this pandemic it must seem outrageous that Donald Trump and Senate Republicans are determined to take away their health care and are just as determined to do nothing to help Americans with a new covid relief bill and they’re right it is outrageous but it’s not surprising Republicans have made it clear for the past decade that repealing the Affordable Care Act is that the top of their hit list we know this because a mere two weeks after assuming control of the house in 2011 Republicans voted to repeal the ACA for the first time and over the next six years years next six years Republican to get these 70 votes 70 votes in Congress to eliminate provisions of the ACA or to repeal it all together these repeal efforts culminated in the early morning hours of July 28th 2017 when our late colleague Senator John McCain gave his dramatic thumbs down and saved Health care for Millions by one vote vote his vote faced with their 70 failures to get rid of the ACA and Congress Republicans have taken to the courts right now the Trump Administration and 18 Republican State Attorneys General including those from Texas South Carolina and Missouri are at the Supreme Court right now trying to strike down the the ACA all arguments and the cases are scheduled for November 10th a mirror week after election day this latest legal effort has been turbocharged because of death of our champion Justice Ruth Bader Ginsburg only three weeks ago her death has changed everything for Donald Trump and Senate Republicans they are confident that victory at the Supreme Court is now within their grasp if the Senate confirms judge Barrett through through this illegitimate illegitimate process the consequences of Judge Bears confirmation would be devastating for millions of Americans who would lose their health care during this pandemic even in normal times without the threat of a pandemic no one in our country should have to confront a major illness worried that it might bankrupt their family but we all know these are not normal times times Healthcare is the number one concern for so many people in our country and they are rightly terrified that judge parrot will provide the deciding vote to overturn the ACA and take away their health care I want to share two of their stories today today Kimberly’s Dickens is from Raleigh North Carolina before the Affordable Care Act Kimberly couldn’t afford health insurance thankfully the ACA enabled her to get health care so you use that coverage to get a checkup and a mammogram which found her breast cancer with their health insurance she was able to get a mastectomy and has been cancer free since Kimberly credits the ACA for saving her life she said quote if it wasn’t for the Affordable Care Act I probably wouldn’t have had that Emma Graham I was diagnosed early it scares me to think if I didn’t have insurance how far Advanced with the cancer have grown Kimberly story is not unique in the years of all the battles of eliminating the ACA we’ve heard from hundreds and thousands of constituents across the country sharing their Healthcare stories denote oh and his daughter Jordan our from my home state of Hawaii Jordan who is an elementary school teacher at Ewa Beach Elementary School has P&H a very rare blood condition to treat this condition she gets infusions of a special medicine

that costs around 500,000 per year without insurance Dean told me that quote without this medicine she will die Dean and Jordan live in fear that Republicans will strike down the ACA which would allow her insurance company to put lifetime caps on her benefits and she would be left without coverage for her life saving medication Dean wrote to me to share how quote extremely terrified he is about his daughter losing access to adequate Health Care under the ACA he’s asked me to fight for her and that’s what I’m doing doing today Healthcare is personal to Kimberly Dean Jordan and his personal to me too because I know that having health insurance and access to health saved my life on the day when the Senate confirmed Neil Gorsuch to the Supreme Court I got a routine chest x-ray before a scheduled I surgery a shadow on that X-ray and a later scan led to my diagnosis of stage 4 kidney cancer and gave me time to you’ve treatment my diagnosis came as a total shock and I’m grateful it came when there was still time I still have cancer but I don’t need any treatment right now I receive regular scan so that I will know in time if treatment becomes necessary again I’m grateful for the care of received and continue to receive from my doctors the cost of my treatment which included surgery to remove remove a kidney kidney a second surgery to remove part of a rib replaced with a seven-inch titanium plate almost two years of cutting Edge immunotherapy and regular scans has been enormous it would bankrupt almost every family in this country if they didn’t have health insurance I’m not special or unique serious illness can hit anyone unexpectedly it did for me and when it no one should have to worry about whether they can afford care that might save their life the Affordable Care Act provided this piece of mind for so many people over the years who found themselves in position similar to mine their lives and their health are what’s at stake stake their lives are what’s at stake with this nomination and at moments like this this where the health care of millions is on the line I think back to the care and concern so many of you showed me when I was diagnosed with cancer three and a half years ago so many of you including many of my Republican colleagues on this committee wrote heartfelt notes wishing me well and letting me know you were thinking of me and to this day when the chairman of this committee and I find ourselves away from cameras or sharing an elevator he never hesitates to ask me about my my health about he says how are you doing mr. chairman you and I have had our pointed disagreements over the years particular during our time together on this committee but your concern means a lot to me moment moments when we recognize our shared Humanity are rare in Congress these days but this can has should be one of those moments this can be a moment mr chairman for you and your Republican colleagues to show the American people terrified about losing their health care the same care and compassion you show me and continue to show me when I was diagnosed with cancer instead of rushing to jam jam ideologically driven nominee unto the Supreme Court in the middle of an election when over 9 million Americans have already voted voted mr. chairman let’s end this hypocritical illegitimate hearing return to the Urgent work we have before us to help those suffering during this pandemic pandemic thank you mr. chairman thank you Sarah no I think it’s not just me I think everybody on this committee and everybody that knows you knows your passionate about your causes we have a lot of political differences but all of us are very encouraged to hear that you’re you’re doing well and will keep praying for you your your asset to the Senate I appreciate that thank you do the right thing that’s under arms Aloha

nerds thank you mr. chair and judge Barrett thank you so much for being in front of us today welcome to you and of course I am so glad that you have had your family join you today as well only a hundred years ago women in this country were given the right to vote and today we consider adding another woman to the highest court in the land and I can’t help but be so so proud of all of the every one of our women have accomplished in this incredible Nation this is the first time that I’ve been a member of the Judiciary Committee during a supreme court nomination process and as you probably know like most Americans I’m not a lawyer I bring a slightly different perspective on to this committee but one thing is very important to me and it’s something that there’s to Iowans whether they are lawyers or not I firmly believe in the role of our Supreme Court it is the defender of our of our Constitution at the end of the day that’s my test for a Supreme Court Justice will you defend the Constitution it frustrates me and it Fest frustrates my fellow Iowans that the Supreme Court has become a super legislature for a Congress that frankly won’t come together discuss these tough issues and do its job what I hear from my colleagues on the left is about judicial activism and what they want to see in their nominees which is that super legislature they are projecting that upon you judge Barrett that’s what they are projecting as they talk about what cases May or may not come in front of the Supreme Court matter of fact I think it was just the other day that vice vice president Joe Biden told the American people they don’t deserve to know whether he is going to pack the court they don’t deserve to know who his judicial nominees would would be I think we do need to know again because it’s what the left is projecting on you today is what they want to see in their nominees but that’s not what our founders intended the court to be I hope that this hearing will be an open Fair conversation about how judge Barrett would be as Justice Barrett I am concerned however that not everyone involved in this hearing shares that goal we’ve already seen hints in that over the past few weeks immediately attacking your faith and your precious family instead of entering into this nomination process with an open mind and a desire to understand this woman has been nominated for the highest court in the land the focus is on a plan or a strategy a series of tactics to undermine coerce and confuse the American people a plan judge Barrett to undermine you as a person undermine your family and undermine what you hold dear dear women all over the world are painfully familiar with this strategy we are all too often perceived and judged based on who’s someone else needs or wants us to be not on who We actually are I cannot speak for those that would attempt to undermine your nomination but as a fellow woman a fellow mom a fellow Midwestern ER er I see you who you are and I’m glad the American people have the opportunity to get to know Amy me koni Coney Barrett this week will be an opportunity to dig into your background further and understand more about your judicial philosophy but what your political opponents want to paint you as is a TV or cartoon version of a religious radical a so-called handmade that feeds into all of the ridiculous stereotypes they have set out to lambast people of faith faith in America and that’s wrong it might be less comical if this was the first

time the left has trotted out this partisan Playbook your political opponents have made these types of religious attacks on nearly every Supreme Court candidate nominated by a Republican president in the modern era and every time like clockwork they say they really mean mean it this time this nominee this woman in front of us she is the absolute worst worst I’m struck by the irony of how demeaning to women their accusations really are that you a working mother of seven with a strong record of professional and academic accomplishment couldn’t possibly respect the goals and desires of today’s women that you as a practicing Catholic with a detailed record of service service lag I know you to be compassionate your record on the seventh circuit says says that you are and more importantly it shows that you’re demonstrated commitment is to defending the Constitution the great freedom of being an American woman is that we can decide how to build our lives whom to marry what kind of person we are and where we want to go I served in the army Army something not exactly popular at various points in America’s history we don’t have to fit the narrow definition of Womanhood we create our own path Justice Ginsburg was one such woman and I would like to pay tribute to her for what she did to pave the way for women of today it’s it’s really quite simple what your opponents are doing they are attacking you as a mom and a woman of faith because they cannot attack your qualifications every year I traveled to every single one of Iowa’s 99 counties and talk to men and women from all walks of life whether they are farmers or nurses or small business owners they want a government that is accountable to them when congress makes a law that oversteps the constitution the ripples can be felt whether it’s on farms and Montgomery County where I’m from and the chattering facilities of Dubuque it can be felt in the church services of Sioux City and the community meetings in Waterloo the Supreme Court’s only job is to rule on the cases before it and defend the Constitution to do that well a Justice needs to be thoughtful restrained and wise judge Barrett so far I have seen all of those things in you I am so glad that we have you in front of us I look forward to learning more about you I want to thank you and your family for being in this nomination today today and this folks is what a mom can do thank you Judge Barrett very much thank you mr. chair senator Booker thank you mr. chairman behind me married Bollman is a 49 year old father of twin boys that you could see and a football coach and paraprofessional at Deptford High School in New Jersey for years Merit put off going to the doctor because he was like many Americans afraid he could not afford it but when the Affordable Care Act was passed he finally got the coverage he could afford four years ago after not feeling well Merit made the doctor’s appointment and was diagnosed with type 2 diabetes a disease that affects over 10% of Americans and disproportionately impacts black Americans like Merit who are 60% more likely to be diagnosed with diabetes and twice as likely to die from it today Merit takes insulin and other medications in his condition has has thankfully improved Merritt said and I quote Obamacare made it so I was was not Afraid of the costs of going to the doctor if I didn’t have insurance and didn’t get a to diagnose diagnosed who knows where I would be right now but Merit is worried about what will happen if the Affordable Care Act gets overturned he said and I quote now I have a pre-existing condition my insurance covers my medications my equipment to monitor my diabetes if that’s taken away from me going to happen I can’t afford those on my own own Michelle Michelle Lewis from Palisades Park New Jersey lost her

husband John last year when he passed away suddenly at the age of 58 Michelle relied on health insurance through John’s job but when he died their insurance what away she was given the option to continue his plan but she couldn’t afford the cost of $800 a month so Michelle signed up for coverage on the insurance Marketplace where she qualified for a subsidy that made it more affordable today she’s insured and she can manage her diabetes heart disease and an autoimmune disease because of her coverage like Merit Michelle also relies on insulin and other prescription medications if the ACA was overturned mechele said quote I could lose my house if I didn’t have Affordable health care I would have to sell my home I like where I live I don’t want to lose my home people like Merit and Michelle are understandably scared right now President Trump has told America he would end the ACA he promised explicitly that he would only nominate judges that would do the right thing and eliminate the Affordable Care Act people people like Merit and Michelle know what a future without the ACA looks like it looks like 130 130 Americans with pre-existing conditions from cancer survivors to people with disabilities being charged more or denied coverage completely it looks like 20 million Americans losing their access to potentially life-saving care in the middle of a pandemic it’s already killed over two hundred and fourteen thousand Americans in New Jersey we’ve lost 36 over 16,000 people to covid-19 five hundred ninety five thousand people would lose lose their coverage without the ACA for millions of Americans a future without the ACA looks like being forced to sell your house if you can’t afford your health care it looks like not having access to a doctor when you’re sick it looks like having to choose between paying for groceries and paying for for medicine people are scared right now for another reason because they know what a future without the protections of Roe v– Wade looks like because President Trump has explicitly stated that he would only put up Supreme Court nominees that would overturn Roe v– Wade he said it clearly we should believe believe him and that without Roe v– Wade our country looks like people being denied the ability to make decisions about their own bodies not just while they’re pregnant but being stripped of the right to plan for their futures it looks like women of color low-income women and women living in rural areas who can’t just pack up and leave if abortion is restricted or criminalized where they live looks like them being left with no options options it looks like state laws proliferating throughout our country that seek to control and criminalize criminalize women it looks like the government interfering with women making the most personal medical decisions it looks like a country in which states May write laws that could subject women who have miscarriages to investigations to ensure they didn’t have abortions abortions in America today people people are scared you’ve heard from my colleagues we were getting calls to our office where people are afraid more than 214,000 Americans who died many of them isolated and alone away from friends and Families tens of millions of jobs have been lost one in three American families with children aren’t getting enough food to eat more than 100,000 thousand small businesses have closed permanently lines at food banks in the wealthiest Nation on the planet have stretched for miles we could be as the Senate we should be as the Senate working in a bipartisan way to try to get this virus under control to get relief to people who are hurting who are struggling who are afraid to help people who are unemployed to let doctors and nurses and Hospital staffs putting their lives on the line right now in state after State were covid is rising know that we have their backs in a pandemic but instead of doing anything to help people who are struggling right now we are here here we’re here I’m so glad I’m really glad that my colleagues who contracted covid-19 at the Rose Garden super spreader event for

judge Barrett had access to the care that you and your families needed that is right this is a blessing the problem is the people who will come through here today to wipe down the desks and empty the garbage that will vacuum the claw floor like people all over our country who are working today in factories teaching children in schools they don’t have have direct line to the nation’s top health experts they can’t show up to work sick and they might not have space to density distance themselves at home to protect their their families we literally stopped the Senate from functioning with the exception of this hearing that’s why we’re here we’re not just 22 days from an election we’re in the middle of an ongoing election when millions of people have already started voting because Donald Trump and most of my Senate Republican colleagues know the truth they won’t be able to get away with this after the American people have spoken in this election Donald Trump and my Senate Republican colleagues in this room today know that the American people don’t want the ACA overturned Donald Trump had might Senate Republican colleagues know that the majority of Americans actually don’t want Roe v– Wade or overturned that the majority of Americans don’t want to see abortion criminalized in our state’s but that is exactly why we are here today because Donald Trump and Senate Republicans know that the American people don’t want this so they have to act now they don’t trust the American people which is so painful because that’s what they said they said we should trust the American people and what the American people say under President Obama 269 days from an election and then after that election they try time and time again to overturn the Affordable Care Act but a handful of Republicans stop them you see they tried in the Senate they tried in the house over 70 attempts to rip down the Affordable Care Act but now Donald Trump has said explicitly he’s going to do it through the courts by making the nomination we see here today that’s why we are here the American people should know that that is what this is all about rushing this domination through to Citizen preme Court justice in time year a case before The Supreme Court that will end the Affordable Care Act Act we’re here because in the middle of a deadly pandemic in the middle of an ongoing election Senate Republicans have found a nominee in judge Barrett who they know will do what they couldn’t do subvert the will of the American people and overturn the ACA and overturn Roe v– Wade that’s what this is about that’s why we’re here it’s very simple simple Senate Republicans know the American people don’t want this but they don’t care because they have only one small window of opportunity to work the system betray what the American people want and so they’re desperately rushing to complete this process before America starts voting but they don’t have to do this if one of my colleagues will stand up on this this committee we can hold this over until after an election if two of my colleagues on the senate floor agree with their other two colleagues Republicans we can stop this otherwise this is a charade when they say this is a normal Judiciary Committee hearing for Supreme Court nomination there’s nothing about this it’s normal it’s not normal that Senate Republicans are rushing through a confirmation hearing violating their own Words their own statements betraying the trust of the American people and their colleagues and failing to take in this hearing even the most basic safety protections to protect people around them all to ensure the tens of when people mention millions of people will lose their health care when we’re seven months into one of the worst Public Health crises in the history of our country it’s not normal this is not normal that millions of Americans like Michelle and Merit our are just scared of a deadly virus they’re scared of their fellow Americans who were sitting in this room right now now they’re scared that they’re government and their institutions will be manipulated by people who could not work through the Democratic process to take away their health care and are trying an end run to achieve that nothing about this today is normal this is not normal what is going on in America today in the midst of a deadly pandemic in an ongoing an election having a rushed Supreme Court nomination hearing is not normal and we cannot it people are voting right now the American people should

decide the American people should decide the American people should decide decide I will not be voting to confirm judge Barrett’s nomination thank you senator crapo mister I would like to submit a letter for the record if I may what it would we should not be rushing as I said this process my colleagues agree with me that we should be working to protect the health and safety of Americans across the country and taking the precautions greater precautions in this workplace I’d like to enter into the record a letter from Senators Leahy Senator Harris and myself that we sent to the Chairman last asking that these hearings not proceed without proper testing measures without all of us being tested and the covid safety protocol being put into place without objection senator crapo thank you mr chairman and judge Barrett welcome and congratulations on the high honor of your nomination I have some prepared remarks here which I will give but having sat through the speeches that I’ve heard already and listened to the attacks that have been made both on Republican members of the committee and on you I think it’s important to just set the record straight on a few items before I then talk about why we are here and that is you and your qualifications to serve as a Justice so what were the attacks I’d say the first one is that we’re rushing too fast and that we are we are violating the rules and norms and of the Senate and speeding into these proceedings what are the facts well I had my staff check while we were sitting here this this hearing is 16 days after judge Barrett’s announced nomination more than half of all Supreme Court hearings have been held within 16 days of the announcement of the nominee this case is no different a couple of examples Justice justice Stevens ten days Justice rehnquist 13 days Justice Powell 13 days Justice blackmun 15 days Justice Burger 13 days these these proceedings are following right along in the same kind of process that has historically been the process of the Senate so then the argument is made that 12 this is an election year and the Republicans said back in 2016 that in an election year they wouldn’t move forward with then President Obama’s nomination what are the facts a vacancy has arisen in a presidential election year 29 29 times every single one and this is important to note every single one of those 29 times whoever was the sitting president made a nomination to replace the vacant seat too to fill the the vacancy every one of those 29 times times 19 of those 29 times the parties of the president and the Senate majority were the same and 17 of those 19 nominees were were confirmed by contrast of the ten times in which the Senate was controlled by the party opposite to the president only one time did the Senate that was not of the party of the president proceed to fill that vacancy in fact they can see Zender a divided government being meaning a senate and the presidency from different parties have not been filled for over a hundred and thirty years going back to 1888 so much like when the Senate exercised its constitutional right fully consistent with precedent in 2016 not to fulfill the to fill the vacancy when there was divided government the Senate is today exercising its duty to move forward with processing this nomination just like the vast majority of Senate’s in the past have done every time this has happened and it’s important to note that any claim that this process is unusual or that it violates the clear precedent of the Senate is simply false false so then back to the attacks on the members of this committee on the Republican side and frankly against the president it says that we’re trying to engage in court packing now that’s a novel one because it’s actually the Senate following standard procedure with regard to a vacancy that is now being accused of being Court packing when my colleagues on the other side are actually

proposing Court packing that is to stachel statutorily and the signature of a president changed the law so that they can add more members to the court FDR tried this and his effort was rejected that effort should be rejected now but let’s be clear about it this is not Court packing that that threatening to pass a law and change the court is Court court packing so then what were the arguments that were actually leveled against judge Barrett well the standard arguments she is going to overturn all protections for women she is going to change all of the laws in the country that protect People’s Health Care and everyone in this country who has a pre-existing condition or has any kind of a worry about getting support needs to worry that she’s going to be an activist judge and Goa Justice and go in there and change the law law she’s not and we all know that this is simply the tired worn out argument that is constantly made every time a Republican president nominates a candidate for the bench for the for the Supreme Court of the United States and it’s never been through and it will not be true with judge Barrett so then the attack is well the Republicans don’t care about People’s Health they won’t even try to get covid relief out and we’re here in a hearing in the Judiciary Committee when we ought to be passing covid relief legislation and I’ve heard several of my colleagues basically say the Republicans are refusing to work on helping to address the coat the covid crisis this coming from colleagues who just a month or so ago voted unanimously to filibuster a six hundred five two six hundred billion dollar covid relief package in the Senate ack Ovid relief package I asked my staff to get me a quick summary of it that that put as I indicated somewhere between five and six hundred billion dollars into a more small business loans unemployment insurance Agriculture and farming assistance Postal Service assistance education assistance both at the higher education levels and at K through 12 Healthcare assistance for pandemic preparation for strategic stock piles for testing for contact tracing billions for vaccine and therapeutic and diagnostic development and the list goes on on we were stopped from proceeding with this legislation by a filibuster of those who now accuse us of not wanting to try to do something we stand ready if you’ll simply let us go to the legislation and pass it so so now judge bear let me talk about you judge you have an exemplary academic record and legal credentials and you are pre eminently qualified to serve on our Supreme Supreme Court following your graduation from Law School you clerk for both the US court of appeals for the District of Columbia and the US Supreme Court at the Supreme Court you clerk does everyone knows for none other than the late Justice Antonin Scalia upon receiving your nomination to the Supreme Court Judge Barrett reflected on her clerkship for justice Scalia citing his incalculable influence on her life she also stated that his Judicial philosophy is hers too and that a judge must apply the law as written that’s what we need in our next Supreme Court Justice justice rather than the activists Justice that you are being accused of going going a being judges are not policymakers makers and they are they must be Resolute in setting aside policy views that they may hold and I know you know that should we not take judge Barrett at her word as a judge Supreme Court or otherwise she must be dedicated to interpreting the law as written with an unparalleled commitment to our constitution I visited with her privately I’ve reviewed her record I have seen nothing that would indicate that she is not telling the truth when she says that is her view of how a judge should conduct herself herself I’ve met with a number of Supreme Court nominees in my service in the Senate and throughout I’ve continued to maintain an emphasis on following the law and upholding our constitution and that that must be a central characteristic of the

justices we select for this highly influential part of our government government judges have a great responsibility to carefully exercise their Authority within the limits of the law law our court system has the responsibility to preserve our constitutional rights ensure a limited government and provide speedy and fair Justice following her clerkships judge Barrett spent time in private practice before beginning her tenure as a professor her her academic scholarship and lengthy analysis of issues facing the federal courts make her uniquely well qualified to serve on our nation’s highest court court in particular judge Barrett’s thoughtful exploration of the precedent and the doctrine of stare decisis demonstrates that she is both intellectual and deliberative in our understanding of the law moreover it’s evident that she understands the role of a fair and proper judge in September 2017 Judge a me koni Barrett came before the Senate Judiciary Committee this committee after being nominated to the US Circuit Court of Appeals for the seventh circuit during that hearing she repeatedly expressed her commitment to independent and unbiased decision making I was proud to support her confirmation to the court of appeals in both the committee and on the senate floor judge Barrett’s remarkable resume shows she is a Pioneer in the legal field she will be the fifth woman and the first mother of school-aged children to serve on the Supreme Court Court in many ways she’s the ideal candidate to fill this current vacancy mr. chairman I look forward to hearing more from the nominee about her experience enter Judicial philosophy the next few days will prove invaluable as we discuss with judge Barrett at length the proper role of a judge in our legal system I look forward to this hearing thank you mr. chairman thank you I believe Senator senator Harris hello hear you you this here yes just wait just one second we don’t see quite you don’t see me one congratulations don’t be on the ticket I told you that there we go all right can you see me now Maxie now hear you loud and clear the floor is yours mr. chairman can you see me as a human I see you I hear you the floor is yours okay I appreciate it thank you mr chairman his hearing has brought together more than 50 people to sit inside of me a closed-door room for hours while our nation is facing a deadly Airborne virus this committee has ignored Common Sense request to people safe including not requiring testing for all members despite a coronavirus outbreak among senators of this very committee by contrast a response to this recent Senate outbreak the leaders of Senate Republicans likely close bone business on the senate floor this week to protect the health and safety of senators and staff mr. chairman for the same reasons this hearing should have been postponed the decision to hold this hearing now is reckless and places facilities workers janitorial staff and Congressional aides and Capitol Police Police at risk not to mention that while tens of millions of Americans are struggling to pay their bills the Senate should be prioritizing coronavirus relief and providing financial support to those families the American people need to have help to make rent or their mortgage payment we should provide financial assistance to those who have lost their job and help parents put food on the table small businesses need help as do the cities and hospitals that this crisis has pushed to the brink the house bill would help families and small businesses get through this crisis but Senate Republicans have not lifted a finger for 150 days which is how long that bill has been here in the Senate to move the bill yet is committee is determined to rush a supreme court confirmation hearing through in just 16 days days Senate Republicans have made it crystal clear that rushing a supreme court nomination is more important than helping and supporting the American people who are suffering from the deadly pandemic and a devastating economic crisis their priorities are not the American people’s priorities but for the moment Senate Republicans hold a majority in the Senate and determine the the schedule so here we are the Constitution of the United States and Trust the

Senate with the solemn duty to carefully consider nominations for Lifetime appointments to the United States Supreme Court yet the Senate majority is rushing this process and jamming President Trump’s nominee through the Senate while people are actually voting just 22 days before the end of the election more than 9 million Americans have already voted and millions more will vote while this illegitimate committee process is underway a clear majority of Americans want whomever wins this election to fill the seat and my Republican colleagues none of that yet they are deliberately defying the will of the people in their attempt to roll back the rights and protections provided under the Affordable Care Act Act and let’s remember in 2017 President Trump and Congressional Republicans repeatedly tried to get rid of the Affordable Care Act but remember people from all walks of life spoke out and demanded Republican stop trying to take away the American People’s Health care Republicans finally realized that the Affordable Care Act is too popular to repeal in Congress so now they are trying to bypass the will of the voters and have the Supreme Court do their dirty work that’s why President Trump promised to only nominate judges who will get rid of the Affordable Care Act Act this Administration with the support of Senate Republicans will be in front of the Supreme Court on November 10 to argue that the entire Affordable Care Act should be struck down that’s in 29 days but that’ll happen and that’s a big reason why Senate Republicans are rushing this process they are trying to get a Justice on to the court in time to ensure they can strip away the protections of the Affordable Care Act and if they succeed it will result in millions of people losing Access to healthcare at the worst possible time in the middle of a pandemic 23 million Americans could lose their health insurance all together if they succeed they will eliminate protections for a hundred and thirty-five five million Americans with pre-existing conditions like diabetes and asthma heart disease or cancer a list that now will include over 7 million Hawkins who have contracted covid-19 insurance companies could deny you coverage or could sell you a plan that won’t pay a dime toward treating anything related to your pre-existing condition if the Affordable Care Act is struck down you will have to once again pay for things like mammograms and cancer screenings and birth control seniors will pay more for prescription drugs and young adults will be kicked off of their parents plans and these are not abstract issues we need to be clear about how overturning the Affordable Care Act will impact the people we all represent for example Mike that was 11 years old and she lives in Southern California so Micah enjoys being a Girl Scout and ice skating and reading and eating pasta and baking her mother says the only reason Micah is able to live her life as she does now is because the Affordable Care Act guarantees that her health insurance cannot deny her coverage or limit her care because it’s too expensive you see Micah has a congenital heart defect she goes to multiple Specialists throughout the year and and gets an mi every six months at just 11 months old Mike has family had already hit fifty thousand dollars in medical expenses and her biannual MRI cost worth $15,000 a session and so correction she and by 11 months old her family had hit 500,000 dollars in medical expenses if Republicans succeed in Striking down the Affordable Care Act insurance companies will be able to deny coverage for children with serious conditions conditions children like Micah I parents well they’ll be on their own no one should face Financial ruin to get their child or their spouse or their parent the care they need and no family should be kept from seeing a doctor or getting treatment because an insurance company says that the treatment is to expensive in America Access to Health Care should not be determined based on how much money you have health care and and access to healthcare should be Micah and millions of others who are protected by the Affordable Care Act no this is fundamentally what is at stake with this Supreme Court nomination of course there’s

more at stake throughout our history Americans have brought cases to the United States Supreme Court in our ongoing fight with civil rights human rights and equal justice decisions like brown pieces versus Board of Education which opened up educational opportunities for black boys and girls Roe versus Wade which recognized a woman’s right to control her own body loving V Virginia and Albert the be Hodges which recognized that love is love and that marriage equality is the law of the land the United States Supreme Court is often the last refuge for Equal justice when our constitutional rights are being violated violated Justice Ruth Bader Ginsburg devoted her life to fight for Equal justice and she defended the Constitution she advocated for human rights and equality she stood up for the rights of women she protected workers she fought for the rights of consumers against big corporations she supported lgbtq rights and she did so much more more but now her Legacy and the rights she fought so hard to protect are in jeopardy by replacing Justice Ruth Bader Ginsburg with someone who will undo her Legacy President Trump is attempting to roll back Americans rights the decades to come come every American must understand that with this nomination Equal justice under law is at stake are voting rights are at stake workers rights are at stake consumer rights are at stake the right to a safe and legal abortion is at stake and holding corporations accountable is at stake and again there’s so much more more so mr. chairman I do believe this hearing is a clear attempt to jam through a supreme court nominee who will take Healthcare away from millions of people during a deadly pandemic that is already killed more than 214,000 214,000 Americans I believe we must listen to our constituents protect their Access to Health Care and weight to confirm a new Supreme Court Justice until after Americans decide who they want in the White House thank you thank you Senator Harris Senator Kennedy you are you have a beautiful family judge we oui we claim you in Louisiana we’re proud of the fact and Louisiana that you you were born in in Metairie suburb of New Orleans we’re proud of the fact that you got a solid education at st. Mary’s Dominican High school come back and visit us I know you mom and dad still lived there and and we’re very proud of you and your your career this is a solemn occasion as it should be I can’t think think of another position at least not a position that that is for life not a position in which the occupant is Not Elected by the people that is more powerful least not in the western world then an associate Justice of the Supreme Court Court and this process is not supposed to be the big Rock Candy Mountain our job is to advise and consent consent and that’s a one way of saying that we’re supposed to make sure that the president hasn’t any whatever president makes the nomination hasn’t made a mistake and we all as you can see take that job seriously as as you can see and we know you respect that that’s why I think over the next several days it’s appropriate for us to talk about your your intellect which is obvious by the way and your temperament your character and your judicial philosophy and I hope we can talk about something else else and and that’s the role of the Federal judiciary judiciary in in

American Life now look judge I’m not naive I understand this thing can turn sour real fast we all watched the hearings for justice Kavanaugh it was a freak Show show it looked like the Cantina Bar singing out of Star Wars Wars and I know for someone on a custom to it that it hurts to be called a racist I think it’s one of the worst thing you can call an American I know that it hurts to be called a white colonialist and I know it must hurt for someone of deep Christian faith like yourself to be called a religious bigot and to have it implied that because you are devout Christian that you’re somehow unfit for public public service before it’s over with they may call you Rosemary’s Baby for all I know I hope not and I know as we’ve seen this morning I know you think it’s unfair it is unfair for my colleagues to suggest some overtly some more indirectly that if you’re put on the United States Supreme Court you will be on a mission from God God to deny Health Care coverage for pre-existing conditions for every American I know that seems Preposterous to you and it seems that way because it it is take comfort in the fact that the American people some of my colleagues disagree with the state they believe in government I believe in people the American people are not morons morons they can they can they can see dribble dribble when they see it and they can appreciate it when they see it for being what it is now let me let me turn to what I hope quickly we can we can talk about today Americans love democracy democracy will even fight for it and we have and that’s a wonderful thing it’s important thing in today’s world is this world becomes more authoritarian and our founders but we don’t have we don’t have a pure democracy as a columnist I read this morning said we don’t when we have to decide a complex issue dealing with with social norms or economic issues we don’t all put on a toga and go down to the forum and vote we have elected representatives those are members of Congress and it is our elected representatives job to decide social and economic policy and if we don’t like what they do they’re accountable we vote him out out but in the last 50 years certainly in the last 25 the United States Congress either voluntarily or involuntarily has seeded a lot of its power to the executive branch and to the federal judiciary when I say the executive branch I’m not necessarily talking about the present I’m talking about the administrative state state the admit the bureaucracy is some called it’s just it’s this giant Rogue Beast that enjoys power now that only Kings once enjoyed members of the administrative state right their own laws they interpret their own laws they litigate their own laws and their own courts before judges they they appoint and Congress has allowed that to happen I think Congress is also abdicated a lot of power to the federal judiciary judiciary I do and I’m not saying that federal judges don’t make all of course I’m a claw law they make law in the context of a specific case it’s called judicial judicial precedent but our Founders intended federal judges to exercise judicial restraint restraint and to understand the special role scope and mission of the federal judiciary vis-à-vis the United States Congress I don’t think our Founders intended judge has to be politicians politicians in robes I think our Founders intended judges Federal judges to tell us what the law is is not what the law ought to

be be I think our Founders intended as the Chief Justice put put it I think our Founders intended federal judges to call balls and Strikes I don’t think our Founders intended for federal judges to be able to redraw the strike zone zone I don’t think our Founders and intended for judges to be politicians in robes politicians you don’t want the United States Supreme Court to turn into this trust me politicians get to vote their preferences under our democracy judges do not judges do not and finally unlike some of my colleagues I don’t think I Founders intended the United States Supreme Court to become a many Congress I don’t think our Founders intended members of the United States Supreme Court to try to rewrite our our statutes our the United States Constitution every other Thursday Thursday because they to prosecute a social or economic agenda that they can’t get by the voters and that goes on in America every day we’ve reached the point where one single solitary federal judge in a limited venue can enjoin a federal statute or an executive order of the president United States for the entire country country and our Founders never intended intended that I want to close with with with with two very short quotations the first stated much more eloquently than I can is just as Curtis and 1857 you probably read read it he was dissenting in the Dred Scott case this is what judge judge Curtis said when a strict interpretation of the Constitution according to the fixed rules which govern the interpretation of the laws is is abandoned and the theoretical opinions of individuals are allowed to control its its meaning we have no longer a constitution we’re under the government of individual individual men hoop for the time being have power to declare with their constitution is according to their own views of what it ought to to mean and and finally a more contemporary statement from a gentleman that you’re very familiar with Justice Scalia he said it in real world terms this is what he said the American people love democracy and the American people are not fools the American people know their value judgments are quite as good as those taught in any law school may be better value judgments after all should should be it on not not dictated thank you mr. chairman thank Senator Kennedy Center Blackburn thank you mr chairman judge Barrett congratulations to you and to your family I’m delighted to see that they are back in the room and I’m thrilled that they are here with us today you know we have had 160 for American citizens come before this committee for nomination to the Supreme Court and today is the the fifth time that we have had a female judge come before us so we welcome you and I will say this unfortunately it’s neither rare nor remarkable to see the kind of performances my Democratic colleagues have put on today what they’re trying to do is to convince the American people that they should be terrified of Judge a me koni Barrett if you listen closely to their their full it betrays their true intent if you go back through the transcript you’re going to find not a coherent legal counter argument but a panic stump speech on behalf of their controversial platform rather than reviewing your judicial philosophies there instead choosing to project their own desires and their fears onto the American people it sounds as if they are trying to create a panic they decided to drum up indignation over the fact that you dared to present a counter argument against the constitutionality of the Affordable Care Act

apparently a difference of opinion between two brilliant jurist who often disagree is just too much for them the rhetoric is unsettling but after listening to them I worry more about it it underpinnings my colleagues remarks have displayed their troubling belief that nothing but an activist Judiciary will do for them given your track record you’d think that my colleagues would jump at the opportunity to support a successful female legal Superstar who is highly regarded by both her Democratic and Republican colleagues and who is a working mom mom but as today days increasingly paternalistic and frankly disrespectful arguments have shown if they had their way only certain kinds of women would be allowed into this hearing room on that note not so long ago and another hearing they scrutinized your commitment to your Catholic faith and tried to use that as a way to question your competency and your professionalism they they know FED is unconstitutional the Constitution forbids it you are a brilliant jurist and a constitutional law expert you you will be an intellectual powerhouse on the Supreme Court and you will steer the panel’s focus toward textualism and originalism as rightful guiding philosophy I love Justice scalia’s definition of textual Liz mmm textualism in its present form begins and ends with what the text says and fairly implies he goes on to defend textualism and explains that this method can lead to both conservative and liberal outcomes similarly originalism doesn’t always lead a Juris down the path they had most like to follow this method of interpretation holds that the the meaning of a legal document such as the Constitution remains fixed even when applied over time to new questions questions staying true to these guidelines requires more study and patience than other methods that allow judges to reinvent the law or be activists when things get tricky since taking the bench I appreciate that you have written over 100 opinions and have participated in over 900 Appeals where you have applied this complex complex reasoning thank you for that we know that you are a prolific scholar and author of over a dozen articles on the courts in the Constitution the ABA has rated you as well qualified to serve as a Supreme Court Justice I appreciate that many times you’ve probably done this with the child in your arms on your hip or somewhere in tow maybe waiting for a ball game game too again you have done all of this as you have been a friend a mentor a wife and a mom these are impressive qualifications by any standard so it is no surprise that you are Fielding attacks from other angles many of my colleagues have wasted a lot of their time complaining that the process in an effort to delay and obstruct a legitimate constitutional constitutionally sound confirmation hearing let’s not forget it was the Democrats who took an Axe to process in 2018 when they dropped last minute unsubstantiated sexual assault allegations against Justice Cavanaugh we still don’t have the full story of about their level and manner of coordination with activists and mainstream media Outlets but what we do know it they turned that confirmation into a circus and and on that note it is hard to take seriously their complaints about moving too quickly we’ve heard about the timeline for justice O’Connor 33 days Justice Ginsburg 43 days and just a word on Justice Ginsburg who see we are filling she was indeed a role model for many because she fought to open more doors for women in the law and beyond Ian and I sincerely hope

that I am as effective an advocate in the Senate as she was on the court we we know from studying American history that women have had to always fight for a seat at the table this goes back to Abigail Adams who urged her husband John to please remember the ladies in their fight for independence and we know It took a hundred and fifty years for for women to get right to vote but the Constitution allowed for that Amendment process process unfortunately what we see today is that radical activists would like nothing more than to take a hatchet to process their favorite play is confronting the American people with the supposed illegitimate see of the Constitution they argue that our Founders flaws and yes they were flawed they are all humans are that the flaws invalidate the principles that bind this country together this this the trays a dangerously naive understanding of the point and purpose of our founding legal document the Timeless principles contained in that document were written to protect individual rights absolutely these principles of course include the separation of powers and federalism in our government a system of checks and balances that prevents encroachment by one branch or another if sex beyond the scope of its legislative Authority or the president grows too power hungry the Judiciary has the authority to Reign that Branch back in and if the vast bureaucracy dares to over-regulate states and their citizens have the right to stand up in challenge that overreach as being beyond the scope of federal power together the separation of powers and federalism have protected our Republic from falling into the the hands of tyrants but keep in mind that the founders despise the tyranny of British rule just as much as they despised the whims of the mob flash Forward to today when American exceptionalism is under bitter attack from yet another mob While most Americans take pride in our heritage a vocal minority finds fault at every turn they demand to know can we still call the institution a relevant valid source of law even if no women or people of color participated in the drafting are the principles in that document still capable of curbing abuses of power and safeguarding freedom can we have faith that the future of democracy remains strong despite a summer of looting and violence in the streets the answer to each is yes and over the next few days I expect that you judge judge Barrett we’ll explain why so many families are watching today and we’re all going to be listening thank you for appearing before us we look forward to your answers they Center Blackburn I have two letters I’d like to submit for the record one from the architect of the capitol showing that the room is CDC compliant introduced that and we do have the ABA rating regarding judge bear at all introduce it in the record but is fairly short so I’ll just read it that’s okay okay the American Bar Association standing committee on the federal judiciary has completed its evaluation the The Professional qualifications of Judge a me koni Barrett who has been nominated by President by the president to be an associate Justice of the Supreme Court the United States as you know the standing committee can Finds Its evaluation to the qualities of integrity professional competence and judicial temperament a substantial majority of the Standing Committee we determined that judge Barrett is well qualified and a minority is of the opinion that she is qualified to serve on the Supreme Court of the United States Jamar the majority rating represents the standing committees official rating enter that into the record now we have a mr chairman yes could you explain what CDC compliant means means that the room is set up Social distancing distancing in the virus that the architect of the capitol measured the space and as to me I was tested a week ago Friday at brief contact with Senator Lee I was negative I’ve been told by Senator Moynihan and a physician in South Carolina I there’s no requirement to test me I feel fine my exposure is not such that I should be

quarantine or tested anybody that wants to get tested they can and I made a decision and to try to make the room as safe as possible but to come to work millions of Americans are going to work today somebody may have tested positive in a restaurant and military unit fire department or our Police Department you make it as safe as possible you manage the risk and you go to work I’m not going to be told to be tested by political opponents I’m going to be tested as an individual when the CDC requires it I think we can safely conduct this hearing we have and I think has been office off to a good start so I do care about everybody say as a lot of Americans out there we have to go to work and you can’t demand not to show up to work and let’s everybody you may come and contact was tested where they need to or not and we’re not going to do that here now we have a panel thank you mr. chairman thank you Senator Kennedy for that question we have three people are two colleagues from Indiana Senator Todd young and Senator Mike Brahma I know Louisiana adopts our judge here but she is is living now in Indiana and the third is Professor Patricia O’Hara I’d like to briefly introduce Professor or hair as professor emeritus a I hope I got that right of law at Notre Dame law school she has served on the faculty for 40 years she first arrived in Notre Dame in 1971 as the first as a first-year law student she graduated summa laude and first in her class in 1974 described as the heart soul of Notre Dame for over 40 years the current Notre Dame law Dean G Marcus kowal Professor O’Hara O’Hara has career at Notre Dame was that of a trailblazer she was the first woman to graduate first in her class from Notre Dame the first woman appointed by the Board of Trustees to serve as an officer of the University as as vice president for student affairs and the first woman to serve as dean of the law school so that will start with Senator Todd I think all these individuals are remote Senator Todd thank you chairman Graham ranking member Feinstein and members of the committee today I join you in the shadow of Monument Circle in Indianapolis Indiana I am honored to appear before you to introduce judge a me koni Barrett a remarkable Hoosier poised to make her mark on our country she truly is an American original in 2017 when there was an opening on the US Court of appeals for the seventh circuit my office am looking for an extraordinary American who would uphold the rule of law in response we received dozens of applications from many of the finest legal Minds in the state of Indiana my staff and I began researching in Earnest to learn everything we could about each candidate to determine who among them would make the best judge and and I interviewed the Best of the Best one of those was a constitutional law professor from the University of Notre Dame by the name of Amy Coney Barrett I first met with in Professor Barrett in the spring of 2017 and it was abundantly clear that she was a star a brilliant legal scholar she was and is held in the highest regard by her peers in the legal world for integrity and character Are unimpeachable she’s a model of collegiality and fairness in simply she possessed all of the necessary qualities to be a great appellate Court judge then and to be a great Supreme Court Justice now now my colleague former Senator Joe Donnelly and I approved of her nomination in a hearing was set set unfortunately some resorted to attacks on Judge Barrett’s religious religious convictions I can tell you that in Indiana and much of the country faith is viewed as an asset in a public servant not a liability as Notre Dame president of Father Jenkins reminded us then being a person of Faith doesn’t interfere with one’s ability to apply the law thankfully judge Barrett’s qualifications outshone personal attacks and she was confirmed by a bipartisan majority to the US Court of Appeals for the seventh circuit as a member of that chord judge Barrett’s proven that she is a rather brilliant jurist who interprets the Constitution as written and carefully ways the facts of a given case she’s heard more than 600 cases on the seventh circuit in authored nearly

100 onions and I should note she is the first woman from Indiana ever to serve on that esteemed Court during that seven circuit interview back in 2017 it was obvious that judge Barrett love the law and the Constitution her love for her family her husband Jesse and their seven children was also cleared if confirmed judge Barrett will be the fifth woman and the first mother of school-aged children to serve as a Supreme Court Justice justice now being a parent doesn’t qualify one to sit on the Supreme Court but it does give us Hoosier is yet another reason be proud of Amy Coney Barrett and the trail she’s blazed leading her to this moment education faith Family community Equal justice under the law these are all values that midwesterners hold dear indeed they are values that Americans hold dear and they are all values embodied by judge Barrett author Kurt Vonnegut another American original from Indiana once said I don’t know what it is about Hoosiers but wherever you go there’s always a Hoosier doing something very important important we’re a me koni Barrett is gone she is always been doing something very important from raising a family to educating the Next generation of Scholars to administering Justice on the Court of Appeals it’s my hope that this body will confirm judge Barrett in a bipartisan fashion so that we will soon find another Hoosier doing something very important on the Supreme Court of the United States thank you mr. chairman thank you very much centered Young Senator Braun is we’re able to connect with him we’re having some technical problems we’re good senorbrian might can you hear me I can hear you all right floors yours Emma Graham yeah yeah hey Jeremy Graham ranking member Feinstein it’s an honor for me to join Senator young and that’s the remarried O’Hara he introduced a fellow Hoosier the makes our state proud I’m doing this for my hometown town Jasper Indiana at City Hall literally and we’re on Main Street and figuratively from a place town State that represents a broad cross-section of our country 2013 Justice Antonin Scalia wrote that the federal judiciary is hardly a cross-section of America today it’s still easy to see what he meant when confirmed a me koni bird would become the only Justice of the Supreme Court who spent the majority of her professional life in Middle America not on the East Coast then confirm she will be the only sitting Justice who did not receive her law degree from Harvard or Yale yet her Notre Dame law credentials are also from a first-rate university when confirm she will be only the second current Justice he joined the court from west of the nation’s capital when this vacancy arose I I was the first to voice my support for a nominee from the the Midwest because I believe we need more judges who understand those Midwestern values that guide Our Lives faith Family community and a respect for the law Amy me koni Barrett is that quintessential Midwestern ER hard-working generous humble he’s a Top law scholar he’s just as comfortable at the Saturday morning tailgate as she is in the ivory time illegal Titan a minivan I immediately supportive judge Barrett’s nomination not only because she is a highly qualified jurors because she’s proven both on and off the bench that she has a decency and amount of respect for our country and its Constitution to serve honorably and now I’d like to say a word about about faith how much will certainly be made in the coming days judge Barrett’s Catholic faith and how she she practices it it it’s a faith that I and many Americans share our founders anticipated this question and as they so often do got it right liberals and conservatives alike are bound by the Constitution firm Eden it no religious test should ever be required as a qualification to any office or public Trust under the United

States I believe hostility toward judge barrage religious beliefs today could set a dangerous precedent hostility toward other religious beliefs tomorrow judge bear has been clear in her public life where she falls on the question of faith in the law as she concluded in the 1998 Essen we’re sure to hear cherry-picked over the next few weeks weeks judges cannot nor should they try to align our legal system with the church moral teaching whenever the to diverge faith is very important to most Americans and I agree that Faith should be a key word in judge Barrett’s confirmation but I believe the most important question of faith should be is she willing to Faithfully interpret the Constitution judge Barrett’s record shows that she will throughout her nearly 100 written opinions on the Appellate Court Judge Barrett has proven that she is a strong Constitution original ones who will not cut the American people out of their own government by treating the Supreme Court has a third chamber of Congress on the bench or qualifications are Beyond question Off the Bench gee exemplifies a generosity and and character Hoosiers are known for and she has lived a life rooted in those Heartland values I mentioned before 8:00 family community and respect for the law Hoosiers should be proud to have any Coney Barrett serving and representing our state currently and I believe she will make all Americans proud is a Justice of the Supreme Court thank you thank you senator professor O’Hara professor mr. Professor with with us Professor could you count to ten please could you speak if you can hear me me Professor O’Hara if you can speak up here me please speak up okay okay I don’t she must be in the 3G part of Indiana okay see if we’re in contact with with her at all is it working Professor could you speak up please you need to unmute your mic I’ve been told Professor O’Hara how did she do that put a quarter in it I don’t know you’re not gonna give us a quarter I know that can she hear us us well I’m afraid we have technical difficulties and guess what we’ll do now if you can fix them in the next 30 seconds let me know if not judge Barrett we will hear from you you any progress with Professor Professor O’Hara okay judge if you don’t mind you can take your mask off off please raise your right hand stand up please

do you solemnly swear that the testimony you’re about to give this committee is the truth the whole truth and nothing but the truth so help you you God welcome to the committee to your family Alba a great job over there the floors yours judge judge ranking member Feinstein and members of the committee I’m honored and humbled to appear before you today as a nominee for associate Justice of the Supreme Court Court I thank the president for entrusting me with this profound responsibility as well as for the graciousness that he and the first lady have shown my family throughout this process process I thank Senator young for introducing me as he did at my hearing to serve on the seventh circuit and I also thank Senator Braun for his support and while she could not be with us via the satellite I am also grateful to former Dean patio hair of the Notre Dame law school she hired me as a professor nearly 20 years ago and she has been a mentor colleague and friend ever since I thank the members of this committee and your other colleagues in the Senate who have taken the time to meet with me since my my nomination it’s been a privilege to meet you you as I said when I was nominated to serve as a Justice I’m used to being in a group of nine my family nothing is more important to me and I’m very proud to have them behind behind me my husband just and I have been married for 21 years he has been a selfless and wonderful partner every step of the way I once asked my sister why do you think marriage is hard people are always saying that I think it’s easy and she looked at me and said well maybe you should ask Jesse if he agrees with that I decided not to take her advice because I know that I am far luckier and love than I deserve Jesse and I are parents to seven wonderful children our oldest daughter Emma is a sophomore in college who just might follow her parents into a career in the law next is Vivian who came to us from Haiti when Vivian arrived she was so weak that we were told she might never talk or walk normally but now she dead lifts as much as the male athletes in our gym and I assure you she has no trouble talking talking test is 16 and while she shares her parents love for the liberal arts she also has a math Gene that seems to have skipped her parents generation John Peter joined us shortly after the devastating earthquake in Haiti and Jesse who brought him home still describes the shock on JP his face when he got off the plane and wintertime Chicago once that shock wore off JP assume the happy-go-lucky attitude that is still his signature trait Liam is smart strong and kind and to our Delight he still loves watching movies with Mom and Dad ten-year-old Juliet is already pursuing her goal of becoming an author by writing multiple essays and short stories one of which she recently submitted for publication and our youngest Benjamin is at home with friends Benjamin has Down syndrome and he is the unanimous favorite of the family he was watching the hearing this morning I’m told and he was calling names as he saw the kids in the back my own siblings are here some in the hearing room and some nearby carry Megan Eileen Amanda Vivian and Michael are my oldest and Dearest friends we’ve seen each other through both the happy and hard parts of life and I am so grateful that they are with me now my parents Michael and Linda Coney are watching from their New Orleans home my father was a lawyer and my mother was a teacher which explains why I became a law professor professor more important my parents modeled for me and my six siblings a life of service principal faith and love I remember preparing for a grade school spelling bee against a boy in my class and to boost my confidence my dad saying anything boys can do girls can do better and at least as I remember it I spelled my way to Victory I received similar encouragement from the devoted teachers at st Mary’s Dominican my all-girls High School in New Orleans when I went to college it never occurred to me that anyone would consider girls less capable of them boys

my my freshman year I took a literature class filled with upperclassmen English Majors and when I did my first presentation which was on Breakfast at Tiffany’s I feared I had failed but my professor took the time to talk to me she filled me with confidence about how well I had done and she became a mentor and when I graduated with a degree in English she gave me Truman capote’s collected works as a gift although I considered Graduate Studies in English I decided that my passion for words was better suited to deciphering statutes the novels I was fortunate to have wonderful legal mentors in particular the judges for whom I clerked the legendary judge Lawrence Silberman of the DC circuit gave me my first job in the law and he continues to teach me today he was by my side during my seventh circuit hearing he swore me my investiture and he’s cheering me on from his living room right now now I also clerked for justice Scalia and like many law students I felt like I knew the Justice before I ever met him because I had read so many of his colorful accessible accessible opinions more than the style of his writing though it was the content of Justice scalia’s reasoning that shaped me his Judicial philosophy was straightforward a judge must apply the law as it is written not as she wishes it it work sometimes that approach met reaching results that he did not like but as he put it and one of his best-known opinions that is what it means to say that we have a government of laws and not of men men Justice Scalia taught me more than just law he was devoted to his family Resolute and his beliefs and fearless of criticism and as I embarked on my own legal career I resolved to maintain that same perspective there’s a tendency in our profession to treat the practice of law as all-consuming while losing sight of everything else else but that makes for a shallow and unfulfilled longing life I worked hard as a lawyer and as a professor I owed that to my clients to my students and to myself but I never let the law Define my identity or crowd out the rest of my life life a similar principle applies to the role of courts courts have a vital responsibility to the rule of law which is critical to a free Society but courts are not designed to solve every problem or right every wrong in our public life the policy decisions and value judgments of government must be made by the political branches elected by an accountable to the people the public should not expect courts to do so and courts should not try try that is the approach that I have strived to follow as a judge on the seventh circuit and every case I have carefully considered the arguments presented by the parties discussed the issues with my colleagues on the court and done my utmost to reach the result required by the law whatever my own preferences might might be I try to remain mindful that while my Court decides thousands of cases a year each each case is the most important one to the litigants involved after all cases are not like statutes which are often named for their authors cases are named for the parties who stand to gain or lose in the real world often through their Liberty or livelihood when I write an opinion resolving a case I read every word from the perspective of the losing party I asked myself how I would view the decision if one of my children was the party that I was ruling against even though I would not like the result what I understand that the decision was fairly reasoned and grounded in law law that is the standard that I set for myself and every case and it is the standard that I will follow so long as I am a judge on any any court when the president offered me this nomination I was deeply honored but it was not a position I had sought out and I thought carefully before accepting accepting the confirmation process and the work of serving on the court if confirmed requires sacrifices particularly from my family I chose to accept the nomination because I believe deeply in the rule of law and

the place of the Supreme Court and our nation I believe Americans of all backgrounds deserve an independent Supreme Court that interprets our Constitution and laws as they are written and I believe I can serve my country by playing that role role I come before this committee with humility about the responsibility that I have been asked to undertake and with appreciation for those who have come before me me I was nine years old when Sandra Day O’Connor became the first woman to sit in this seat she was a model of Grace and dignity throughout her distinguished tenure on the court when I was 21 years old and just beginning my career Ruth Bader Ginsburg sat in this seat she told the committee what has become of me could only happen in America I have been nominated to fill Justice Ginsburg seat but no one will ever take her place I will be forever grateful for the path she marked and the life she led if confirmed it would be the honor of a lifetime to serve alongside the Chief Justice and seven associate justices I admire them all and would consider each of valued colleague and I might bring a few New Perspectives to the bench as the president noted when he announced my nomination I would be the first mother of school-aged children to serve on the court and I know that it would make Senators young and Brawn happy to know that I would be the first Justice to join the court from the seventh circuit in 45 years years I would be the only sitting Justice who didn’t attend school at Harvard or Yale but I am confident that Notre Dame could hold its own and maybe I could even teach them a thing or two about football football as a final note mr. chairman I would like to thank the many Americans from all walks of life who have reached out with messages of support over the course of my nomination I believe in the power of Prayer and it has been uplifting to hear that so many people are praying for for me I look forward to answering the committee’s questions over the coming days and if I am fortunate enough to be confirmed I pledge to faithfully and impartially discharge my duties to the American people as an associate Justice of the Supreme Court thank you thank you very much judge Garrett is let’s try Professor O’Hara any luck with her I’m here Kevin Graham thank you I apologize for the the problem the floors yours that’s very kind of you it’s anti climactic because you’ve already heard from the most important person from whom you need to hear but it’s very kind of you to take the time I’ve known Judge a me koni Barrett for just shy of 20 years and I want to thank you the ranking member senator Feinstein the distinguished members of the Judiciary community Senator young and Senator Brown for the opportunity to speak about her here today I first came to meet her when as dean of the law school school with my colleagues we recruited her to the faculty in 2002 I was aware of her reputation as a law student but I had not taught her so I can well remember that in the initial interview from my standpoint I was not thinking of her so much as a Notre Dame will lung but rather as a candidate in who many law schools would have an interest after all she was first in her class she was executive editor of the law review she had held to distinguish clerkships for demanding jurist judge judge Lauren Silverman on the court of appeals for the DC circuit and Justice Antonin Scalia a short period and private practice at then at baker-bots and a Nolan fellowship at George Washington University Law School so from my standpoint as Dean in a market in which law schools compete aggressively for candidates with Sterling credentials like herbes a Coney Barrett was a big hit and a big win for us in the course of the next few years I was responsible for creating an environment in which could take her potential and reach the maturation that would be necessary to meet the demanding standards of excellence in scholarship and teaching for promotion to tenure I want to assure you that it was the easiest task of my entire ten years as Dean I watched her develop into an exceptional teacher and a superb scholar except that I must confess to say watching her develop is a bit of a misnomer because in many ways judge Barrett sprang full grown into the legal Academy the first of three distinguished teaching awards that she holds

from our students was presented to her by only the second class that she taught and in my annual visits to observe her classroom teaching it became clear to me why that was the case our students then and now hold her and off or the power of her intellect and for her consummate professionalism to read her student teaching evaluations is like reading of thesaurus that only has superlatives in it it her classes for the clarity of the presentation of substantive legal material but also for open-minded non-directive discussion question and answer respectful of differences and of different work in style with our students our students strive to meet her high and demanding expectations because they just don’t want to disappoint her and they greatly appreciate her availability outside the classroom for mentoring and support at the same time that she was developing a building relationships with our is she also produced an incredible portfolio of scholarship superb and both its depth and its quality Scholars around the academy hold her work in the highest regard and so when it did come time for her tenure case I can only tell you without reaching the confidentiality that process that it was as easy as a tenure case could possibly be her work appears in leading law reviews University of Chicago Columbia Cornell Virginia and Texas to name but a few I was not surprised in later years when she was tapped for service on the Appellate advisory committee on the federal appellate rules of procedure and elected to the prestigious American law Institute and in her three years as a judge on the court of appeals for the seventh circuit her opinions have been characterized by the same qualities as her scholarship intellectual rigor painstaking analysis Clarity of legal reasoning and of writing accompanied by her deep commitment meant as a jurist to apply the law to the facts of the case before her Stellar as her professional accomplishments are no introduction of prepares to Bear it is complete without talking about her personal qualities she’s brilliant but home fair and impartial but empathetic open-minded and respectful of differences a skilled listener and able to build consensus generous especially to those who need if I had to describe her her in just a few words I would tell you that a me koni Barrett is a woman who leads an integrated like of Mind heart and soul and it’s that integration that allows her to move so seamlessly between her professional responsibilities and her family commitments it humbles me now as it did 12 them 12 years ago that I was tasked at one point in my life with evaluating The Professional qualifications of Judge barrage in a university setting truth be told she ran circles around me as a junior faculty member and in the intervening years she has left me completely in the dust and nothing gives me more joy than to be able to say so because this is the standard of Excellence that we should demand for institutions of singular importance to us I have only had two opportunities to communicate with this distinguished committee the first was ten years ago when I wrote a very strong letter of support for then nominee now justice Elena this tenure as dean of Harvard Law School overlapped with my own tenure as Dean here the second is today in presenting a me coneybear to you and endorsing her in equally strong terms there may be some who would find those two recommendations in juxtaposition but I find them entirely consistent over the course of my 40 years in the legal Academy I’ve been blessed with the opportunity to meet many Supreme Court justices as as to the justice as I’ve met while their judicial fall asleep philosophies May differ and their interpretive methodologies May differ what they share is powerful intellects rigorous work ethics skilled listening skills the ability to be open to persuasion and also to persuade themselves to be fair and impartial their people of integrity and they have a commitment to applying the law to the facts of the case before them they understand that that their role as this is to advance the rule of law not to advance personal policy preferences they understand their solemn responsibility to preserve the court as an institution not wings of the Court the court a single institution the place a singular role in our Republic I know firsthand from having worked with closely with judge Barrett for almost 20 years that she possesses all these same qualifications in abundance and I trust that over the course of the next few days with the opportunity to engage in dialogue with her that you will

come to the same conclusion and recommend her for confirmation as an associate Justice to the Supreme Court of the United States thank you so much for taking this late opportunity to have a say a few words about Professor Barry thank you very much Professor O’Hara thank you George Barrett and to your family congratulations and welcome we’re gonna have a couple long days ahead questions for the record will be due this this Friday at 8:00 is standard practice for the committee we begin tomorrow 30 minute rounds followed by 20 minute rounds just do the math got a couple long days ahead of us so get some rest they will be in recess until tomorrow at 9 o’clock what’s up it’s an increase in premiums of Obamacare and we’re down to one Provider from 5 so we’ll have it contest about whether or not obamacare’s a good deal or a bad deal for South Carolina 35 percent of the money goes to three states at our expense but her job will be to talk about the law and how you would apply to law to any litigation whether it be guns health abortion campaign campaign finance and I think a job good job understanding the role of a judge is different from that of us thank you how are you

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