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Amy Coney Barrett Supreme Court confirmation hearing: Democrats say healthcare at risk

Democrats accuse Amy Coney Barrett of threatening Americans’ healthcare as Republicans say she is ‘impeccably qualified’.

Supreme Court nominee Judge Amy Coney Barrett speaks at her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP
Supreme Court nominee Judge Amy Coney Barrett speaks at her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP

Democrats have accused Supreme Court nominee Judge Amy Coney Barrett of posing a threat to the healthcare of millions of Americans in a pandemic, as Republicans countered that she was an “impeccably qualified” candidate for the nation’s highest court.

On the first day of a four-day confirmation hearing for the 48-year-old conservative judge, Democrat Senators also attacked Republicans for trying to push through the nomination before the November 3 election.

Republicans want to confirm Ms Barrett ahead of the election, guaranteeing a 6-3 conservative majority in the Supreme Court for decades to come. Democrats say no confirmation should take place before the election and that if Joe Biden wins, he should choose a new justice to replace the late liberal justice Ruth Bader Ginsburg.

In the first day of hearings, which was confined to opening statements, Democrat senators made it clear that their strategy would be to argue that Ms Barrett’s nomination was a threat to the Affordable Care Act, known as Obamacare.

Judge Amy Coney Barrett. Picture: AFP
Judge Amy Coney Barrett. Picture: AFP

Ms Barrett sat silently wearing a black mask as senators took turns speaking in a committee room which was sparsely attended because of the need for coronavirus-related social distancing.

Democrats argued that Ms Barrett, who questioned the legality of the ACA while a law professor, could play a decisive role in striking down the ACA when the court hears a legal challenge to its validity on November 10.

Senator Judiciary Committee member and Democrat vice presidential candidate Kamala Harris said Republicans were illegitimately trying to “jam through” Ms Barrett’s nomination in order to strike down the ACA.

“(Republicans are) deliberately defying the will of the people in their attempt to roll back the rights and protections afforded under the Affordable Care Act … at the worst possible time, in the middle of a pandemic,” she said in her opening statement.

“By replacing Justice Ruth Bader Ginsburg with someone who will undo her legacy, President Trump is attempting to roll back Americans’ rights for decades to come.

Protesters Rally Against Nomination of Amy Coney Barrett as Hearings Begin

“Every American must understand that with this nomination, equal justice under law is at stake; voting rights are at stake; workers’ rights are at stake; consumers’ rights are at stake; the right to safe and legal abortion is at stake; holding corporations accountable is at stake; and so much more.”

Supreme Court nominee Judge Amy Coney Barrett is sworn in to her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP
Supreme Court nominee Judge Amy Coney Barrett is sworn in to her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP

Committee chairman, Republican Lindsey Graham, defended the confirmation hearing and urged members to be civil in their direct questioning of Ms Barrett which begins on Wednesday (AEDT).

“This is going to be a long, contentious week,” he said. “Let’s make it respectful, let’s make it challenging, let’s remember the world is watching.”

“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,” he said.

But Donald Trump accused Senator Graham of giving the Democrats too much time to speak.

“The Republicans are giving the Democrats a great deal of time, which is not mandated, to make their self serving statements relative to our great new future Supreme Court Justice,’ the president tweeted.

Republican Senator Mike Lee attacked Democrats for pressuring Ms Barrett on the ACA.

“These tactics of creating fear and uncertainty and doubt … astound me, they dismay me and they disappoint me. They reflect the fact that we have allowed for the politicisation of the one branch of the federal government that is not political,” he said.

“I will object any time anyone tries to attribute to you a policy position and hold you to that. You’re not a policymaker. You’re a judge.”

Supreme Court nominee Judge Amy Coney Barrett speaks at her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP
Supreme Court nominee Judge Amy Coney Barrett speaks at her Senate Judiciary Committee confirmation hearing on Capitol Hill. Picture: AFP

Although Democrats are worried that Ms Barrett, a devout Catholic, may one day vote against the landmark Roe vs. Wade abortion ruling, they mostly avoided the issue in their opening statements.

Democrats are concerned that such an attack may be seen as an attacking on her religious beliefs, which could backfire with voters.

“No, faith should not be considered,” Democrat presidential contender Joe Biden, who is himself a Catholic, said when asked about Ms Barrett’s religious beliefs.

“No one’s faith should be questioned. (But) This nominee said she wants to get rid of the Affordable Care Act. The president wants to get rid of the Affordable Care Act. Let’s keep our eye on the ball.”

Senator Graham conceded that when the four day hearing is over, the final vote — to confirm the judge — would hardly come as a surprise.

“This is probably not about persuading each other unless something really dramatic happens,” he said. “All the Republicans will vote yes, all the Democrats will vote no.”

Republicans hold a majority on the Judiciary Committee, all but ensuring that Ms Barrett will be confirmed by the committee, allowing the Senate to hold a formal confirmation vote before the election.

Cameron Stewart is also US Contributor for Sky News Australia

Cameron Stewart
Cameron StewartChief International Correspondent

Cameron Stewart is the Chief International Correspondent at The Australian, combining investigative reporting on foreign affairs, defence and national security with feature writing for the Weekend Australian Magazine. He was previously the paper's Washington Correspondent covering North America from 2017 until early 2021. He was also the New York correspondent during the late 1990s. Cameron is a former winner of the Graham Perkin Award for Australian Journalist of the Year.

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Original URL: https://www.theaustralian.com.au/world/amy-coney-barrett-supreme-court-confirmation-hearing-democrats-say-healthcare-at-risk/news-story/9547e883b84c9cbf0e568014f48abc7b