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Sahil Kapur Oct 13
SCOTUS hearings Day 2 is underway: Lindsey Graham opens by calling Obamacare a "disaster" for South Carolina. He says they don't want Obamacare, they want "South Carolinacare."
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Sahil Kapur Oct 13
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Lindsey Graham makes his continued opposition to the ACA explicit at the outset. "We on this side do not believe Obamacare is the best way to provide quality health care."
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Sahil Kapur
Amy Coney Barrett on originalism: "That means that I interpret the Constitution as a law... I understand it to have the meaning that it had at the time people ratified it. That meaning doesn't change over time and it's not up to me to update it or infuse my policy views into it."
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Sahil Kapur Oct 13
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Amy Coney Barrett says Antonin Scalia was a mentor to her but if she's confirmed, "You wouldn't be getting Justice Scalia, you would be getting Justice Barrett."
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Sahil Kapur Oct 13
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Amy Coney Barrett says a "super precedent" means to her "a precedent that is so well established that it would be unthinkable that it would ever be overruled."
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Sahil Kapur Oct 13
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Amy Coney Barrett re: Brown v. Board of Education says there'd have to be a case and controversy for the Supreme Court to revisit it. "I do not see that happening any time soon."
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Sahil Kapur Oct 13
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Amy Coney Barrett says she owns a gun, but says she can fairly decide a case on guns.
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Sahil Kapur Oct 13
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Asked by Graham if she can set aside her Catholic beliefs when deciding cases, Barrett says, "I can."
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Sahil Kapur Oct 13
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Lindsey Graham jokes that he may move closer to the Democrats' view on money in politics given what's happening in his South Carolina race: "There's a lot of money being raised in this campaign. I'd like to know where the hell some of it's coming from."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Barrett downplays the prospect of revisiting Obergefell, saying the "most likely result" is that a case on same-sex marriage doesn't make it to the Supreme Court. But she says if lower courts flout precedent it could come back up.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett talks about the Obamacare case: "There's not precedent on the issue that's coming up before the court. It turns on a doctrine called severability, which was not an issue in either of the two big Affordable Care Act cases."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett, under questioning from Lindsey Graham, doesn't say if she'll recuse herself from the Obamacare case. "Recusal itself is a legal issue," she says, promising to follow the appropriate procedures in each case.
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Sahil Kapur Oct 13
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Amy Coney Barrett says she is "aware of a lot of the caricatures floating around" about her.
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Sahil Kapur Oct 13
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Amy Coney Barrett declines twice to say if she agrees with her mentor Antonin Scalia that Roe v. Wade was wrongly decided. She says that would "signals to litigants that I might tilt" one way or the other on a case.
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Sahil Kapur Oct 13
Replying to @sahilkapur
And there's the expected dodge from Barrett on Roe and Casey. "It would be comforting to you to have an answer," she tells Dianne Feinstein, but insists it'd be improper to weigh in on those precedents.
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Sahil Kapur Oct 13
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Barrett says "I will obey all the rules of stare decisis" on Roe or Casey or any other precedent that comes before he on the Supreme Court and could be overruled.
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Sahil Kapur Oct 13
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"Heller leaves room for gun regulations," Amy Coney Barrett says of the '08 case that found an individual right to own a gun at home. She says the right is not "absolute" but doesn't offer her view on the parameters of it.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Barrett says the ACA lawsuit is "is not a challenge to pre-existing conditions coverage or to the lifetime maximum relief cap," says the Supreme Court's decision "should be determined by the law" and it's up to Congress to sort through the "policy consequences."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett says the ACA lawsuit headed to the Supreme Court is "not the same issue" as the previous two lawsuits (NFIB and King) that she expressed opinions on. "The canons of judicial conduct would prohibit me from expressing a view" on the upcoming one, she says.
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Sahil Kapur Oct 13
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Amy Coney Barrett: "As a person, I have general belief that racism is abhorrent." Dianne Feinstein: "Well, I think we would all agree with that."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett doesn't say if she agrees with her mentor Antonin Scalia's legal positions against same-sex marriage. "I'm not going to express on view on whether I agree or disagree with Justice Scalia," she says, and evokes Ginsburg's no-hints-or-forecasts standard.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Chuck Grassley asks Amy Coney Barrett if her "goal" is to repeal the ACA and whether anyone in the Trump administration asked her about the forthcoming case. BARRETT: "Absolutely not. I was never asked and if I had been that would've been a short conversation."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett, on the ACA and "any election dispute that may or may not arise," says she has "had no conversation with the president or any of his staff on how I might rule." She says it'd be a "gross violation of judicial independence" and she's not pre-committed.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett, discussing potential 2020 election disputes, says any decision to recuse herself would be a lengthy process involving law and procedure. Doesn't commit either way. "I can't offer an opinion on recusal without short-circuiting that entire process," she says.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Barrett: "It would be a complete violation of the independence of the judiciary for anyone to put a justice on the court as a means of obtaining a particular result." Trump, however, has not been shy about connecting his judicial picks to policy outcomes.
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Sahil Kapur Oct 13
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Amy Coney Barrett: "My personal views don't have anything to do with how I would decide cases, and I don't want anybody to be unclear about that."
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Sahil Kapur Oct 13
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Amy Coney Barrett, asked by Dick Durbin about her criticisms of the Supreme Court's past rulings for the ACA, says: "I am not hostile to the ACA. I am not hostile to any statute that you pass."
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Sahil Kapur Oct 13
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Dick Durbin now asking Amy Coney Barrett about her legal opinion that being a felon is not enough for the government to stop a person from lawfully owning a gun.
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Sahil Kapur Oct 13
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Durbin accusing conservatives of hypocrisy on "activist judges" who legislating from the bench, saying Republican-picked judges have no problem overturning gun limits, campaign finance rules and voting rights protections passed by political branches.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett: "To the extent, Senator Durbin, that you're suggesting that I have some sort of agenda on felon voting rights or guns or campaign finance or anything else, I can assure you and the whole committee that I do not."
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Sahil Kapur Oct 13
Replying to @sahilkapur
Amy Coney Barrett says again she is uncommitted in the ACA case: "To the extent that there's a suggestion that I have an agenda, that I want to strike down people's protection for pre-existing conditions conditions, that's just not true. I've never taken that position."
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Sahil Kapur Oct 13
Replying to @sahilkapur
And the Senate Judiciary Committee has recessed until 12:45p ET. I'll continue posting updates in this thread when they're back (please mute the thread if it's too much!). Thanks to everyone else following along.
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Sahil Kapur Oct 13
Replying to @sahilkapur
Sheldon Whitehouse says the reason people think Amy Coney Barrett will rule against ACA, abortion rights and same-sex marriage is that Trump and/or GOP platform have explicitly said that's what his Supreme Court appointees would do. "Don't act as if we're making this stuff up."
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