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Democrats focus on future of Affordable Care Act, 22 arrested in outside protests

Republicans, Democrats on Judiciary Committee lay groundwork for questioning Barrett

The Senate Judiciary Committee closed out the first day of federal appeals court Judge Amy Coney Barrett’s Supreme Court confirmation hearing Monday with the result all but preordained.

But over the next two days, Barrett appears certain to face tough questions in her quest to succeed the late liberal Associate Justice Ruth Bader Ginsburg.

"This is a vacancy that occurred through the tragic loss of a great woman, and we're going to fill that vacancy with another great woman," Sen. Lindsey Graham, R-S.C., the panel’s chairman, said. And in the end, he acknowledged, "All Republicans will vote yes, and all Democrats will vote no.”

With that in mind, Democrats decided not to mount personal attacks against Barrett, a 48-year-old Notre Dame Law School professor from Indiana who President Donald Trump nominated just 16 days ago. She appeared before the panel wearing a black mask, her husband and six of her seven children behind her.

"I chose to accept the nomination because I believe deeply in the rule of law and the place of the Supreme Court in our nation," Barrett said in remarks that had been released a day earlier. "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."

Democrats steered clear of Barrett’s devout Catholicism, despite Republicans' best efforts to draw them into what was a losing battle about faith when she was confirmed to the U.S. Court of Appeals for the 7th Circuit in 2017.

Rather, Democrats criticized Republicans for acting on the nomination in warp speed and with the election just weeks away. In 2016, Republicans blocked President Barack Obama from filling a high court seat eight months before Election Day.

"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 a deadly pandemic and a devastating economic crisis," Sen. Kamala Harris, D-Calif., the Democrats' vice presidential nominee, said in a remote feed from the safety of her office. A children's book about Ginsburg entitled "I Dissent" was prominently displayed beside her.

Doffing their masks to speak, Democrats noted that Trump wants Barrett on the court in time for its consideration of a Republican challenge to the Affordable Care Act on Nov. 10, one week after the election. It will be the third time the law has reached the high court in eight years; five votes could eliminate or weaken it.

“In the midst of the pandemic, the Republicans want to strike down a law that 23 million Americans rely on,” said Sen. Dick Durbin, D-Ill., the number-two Democrat in the Senate.

Democrats also raised a gamut of hot-button issues that could come before the court in short order, on issues ranging from abortion to guns to LGBTQ rights. And they urged Barrett, if confirmed, to recuse herself from any challenges involving the presidential election itself that could arise from the expansion of mail-in balloting.

More: Supreme Court begins 2020 term as a key election issue: Will it decide the election, too?

"Your participation, let me be blunt, in any case involving Donald Trump's election would immediately do explosive and enduring harm to the court's legitimacy and to your own credibility," Sen. Richard Blumenthal, D-Conn., said.

But Barrett – who opposes abortion, has ruled in favor of expanded gun rights, and has questioned the constitutionality of the Affordable Care Act – pushed back on the theory that judges should strive to "solve every problem or right every wrong in our public life."

More: We binge-watched 15 hours of Amy Coney Barrett's speeches. Here’s what we learned.

"The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people," she said. "The public should not expect courts to do so, and courts should not try."

– Richard Wolf

First day of hearings ends with Barrett's opening statement

In her opening statement for her Senate Judiciary Committee confirmation hearings, Supreme Court nominee Amy Coney Barrett outlined her judicial philosophy, telling senators, "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, and accountable to, the people," the U.S. Circuit judge said. "The public should not expect courts to do so, and courts should not try."

She said, "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."

Barrett's opening statement concluded the first of four scheduled days of confirmation hearings before the Senate Judiciary Committee. While Monday was a chance for Barrett and senators to give opening statements, senators will get the chance to ask Barrett questions on Tuesday.

Barrett said that when writing an opinion she thinks of "the perspective of the losing party." She said she hoped she would bring a "few new perspectives to the bench" as the first mother of school-age children to join the Supreme Court.

"I ask myself how would I view the decision if one of my children was the party I was ruling against: Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in law? That is the standard that I set for myself in every case, and it is the standard that I will follow so long as I am a judge on any court," Barrett vowed.

She said her outlook was strongly influenced by former Justice Antonin Scalia, who died in 2016. Barrett summarized Scalia's philosophy as, "A judge must apply the law as it is written, not as she wishes it were."

Supreme Court nominee Judge Amy Coney Barrett is sworn into her Senate Judiciary Committee confirmation hearing on Capitol Hill on Monday.
Supreme Court nominee Judge Amy Coney Barrett is sworn into her Senate Judiciary Committee confirmation hearing on Capitol Hill on Monday.

Barrett also praised former Justice Sandra Day O'Connor, the first woman to serve on the Supreme Court, calling her "a model of grace and dignity throughout her distinguished tenure." And she paid homage to the late Justice Ruth Bader Ginsburg, saying, "I have been nominated to fill Justice Ginsburg's seat, but no one will ever take her place."

"I will be forever grateful for the path she marked and the life she led," Barrett said.

– William Cummings

Graham defends decision to hold hearings during COVID-19

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., defended his decision to hold confirmation hearings for Judge Amy Coney Barrett during the COVID-19 pandemic and said he would only be tested for the virus when the CDC required it.

Two Democratic senators – Kamala Harris of California and Patrick Leahy of Vermont – objected to the lack of a COVID-19 testing plan before the hearings and opted to attend the hearing virtually. Two Republican members of the panel, Sen. Thom Tillis of North Carolina and Mike Lee of Utah, tested positive for COVID-19 earlier this month. Lee returned to Monday’s hearing in person, but Tillis attended virtually.

“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,” Graham said.

Graham insisted the hearing room was configured in line with Centers for Disease Control and Prevention guidelines to prevent the spread of COVID-19 and presented a letter from the Architect of the Capitol on the subject.

Jaime Harrison, Graham’s opponent in the South Carolina Senate race, pulled out of a planned debate with Graham after Graham declined to get a COVID-19 test beforehand.

Graham said he had last been tested “a week ago Friday,” or Oct. 2, and the test came back negative.

“I was negative. I feel fine. The CDC guidelines do not require quarantine or testing in my case,” he told reporters.

-Nicholas Wu

Sen. Mike Braun praises Barrett's 'heartland values'

Judge Amy Coney Barrett was introduced by Indiana’s two Republican senators, before giving her opening statement to the Senate Judiciary Committee.

Sen. Todd Young hailed Barrett for her legal accomplishments, as an “extraordinary Hoosier,” who would be the first woman from Indiana and the first “mother of school-aged children to serve as a Supreme Court justice.”

Sen. Mike Braun noted she would be the only sitting justice who did not go to Harvard University or Yale University for law school, praising her “heartland values.”

“She exemplifies the generosity and character Hoosiers are known for.”

Last to introduce Barrett was supposed to be Patricia O’Hara, a former Notre Dame University professor and one of Barrett’s mentors, but she was unable to speak because of technical difficulties on her video call.

"She must be in the 3G part of Indiana," Judiciary Committee Chairman Lindsey Graham quipped.

– Nicholas Wu

Sen. Kamala Harris: Republicans trying to 'jam through' Barrett's confirmation

Sen. Kamala Harris, D-Calif., used her opening statement in the first confirmation hearing of Amy Coney Barrett to lay out what has been a consistent message from Democrats: That Republicans want to confirm Barrett as part of a broader effort to strike down the Affordable Care Act.

Holding up a picture of Myka, an 11-year-old girl from southern California, Harris spoke about the risks to her and other constituents if the Affordable Care Act were overturned.

“Myka and millions of others who are protected by the ACA know this is fundamentally what is at stake with this Supreme Court nomination,” she said, calling the hearing Republicans’ attempt to “jam through” a nominee who would strip “millions of people” of health care “during a deadly pandemic.”

The California Democrat occupies an unusual position as both a Judiciary Committee member and the Democratic Party’s vice-presidential nominee.

“Congratulations on being on the ticket,” Judiciary Committee Chairman Lindsey Graham, R-S.C., told Harris before she began her opening statement.

Harris testified remotely from her office, citing concerns about the spread of COVID-19 after two senators on the committee tested positive.

“This hearing has brought together more than 50 people to sit inside a room for hours while our nation faces a deadly airborne virus,” she said.

-Nicholas Wu

Democratic vice presidential candidate Sen. Kamala Harris, D-Calif., speaks during the confirmation hearing for Supreme Court nominee Amy Coney Barrett on Monday.
Democratic vice presidential candidate Sen. Kamala Harris, D-Calif., speaks during the confirmation hearing for Supreme Court nominee Amy Coney Barrett on Monday.

Protesters outside Supreme Court clash on abortion

With a small stage set up, Democratic and progressive protesters outside the Supreme Court explained why they do not support Amy Coney Barrett’s confirmation to the high court.

Ana Maria Archila, who spoke at a protest event organized by Center for Popular Democracy, criticized Sen. Dianne Feinstein for acting like the confirmation hearing is a “normal thing.”

“Your job is to protect people, and protect our democracy. Your job is to make sure that we have health care in this country,” Archila said. “Your job is to make sure that women can decide what we do with our bodies and our destiny. Your job is to make sure that we have a democracy that can survive this racist president.

“It is not normal,” she said.

Pro-life and conservative protesters, with some wearing judge costumes, gathered around the stage with signs in support of Barrett and at times protested the speakers.

At one point throughout the morning, anti-abortion activists placed a megaphone on a pregnant protester's stomach and projected the sound of the heartbeat.

Women weren’t the only ones demonstrating in support of Barrett.

Ken Kessler and Barry Oxford, who we’re both wearing “Women for Amy” shirts, were among the dozens of protestors who were there in support of Barrett.

Oxford, who is from Springfield, Virginia, said he backs Barrett because he supports the constitution and pushed back against what he said were criticisms of her religion.

“We support a strong Justice that supports the Constitution, and doesn't judge by what she may believe in, or what she may think, or anything like that, but judges strictly on the Constitution and the law,” he said.

– Rebecca Morin

Masks worn by most senators, most of the time

Though all the senators who attended Judge Amy Coney Barrett's first confirmation hearing wore masks at least at some point, they all removed them to deliver their opening statements and many kept them off at various points and for various lengths of time.

Several Democratic senators had expressed concerns about the safety of holding the hearing when two Republican committee members, as well as the president and senior White House staffers, had tested positive for COVID-19 within the past two weeks.

Committee Chairman Lindsey Graham, R-S.C., wore a surgical mask as the hearing began, but removed it as he began to speak and kept it off for the majority of the time after that. Graham put on his mask to speak with ranking Democrat Sen. Dianne Feinstein and when a masked Sen. Mike Lee – who tested positive for COVID-19 earlier this month – leaned in close to talk.

Lee generally kept his mask on, but removed it to deliver his remarks and kept if off for an extended length of time. Lee and Sen. John Cornyn, R-Texas, who was seated next to him, were both without masks at one point. Feinstein also kept her mask off for a while after she spoke.

Sen. John Kennedy, R-La., let his mask rest on his chin at some points, including once while he applied lip balm, and Sen, Marsha Blackburn, R-Tenn., allowed hers to dangle from her ear, and Sen. Joni Ernst, R-Iowa, kept her mask off for nearly an hour, according to a pool report.

Barrett, who moved very little as she sat upright with her hands clasped during senators' opening statement, kept her mask on throughout most the hearing, though she briefly removed it to drink water, and took it off at one point for about a minute.

– William Cummings

22 arrested outside Senate office building during Barrett hearing

United States Capitol Police arrested close to two dozen people at "unlawful demonstration activities" outside the Dirksen Senate Office Building, spokesperson Eva Malecki said Monday.

Members of the public are not allowed inside the Senate buildings because of COVID-19-related restrictions.

Twenty-one people were arrested with "crowding, obstructing, or incommoding" entrance to a public building, and one person was charged with "unlawful conduct" on the Capitol grounds.

Liberal and conservative protesters gathered outside the Senate office buildings and Supreme Court on the first day of Amy Coney Coney Barrett's Supreme Court confirmation hearing.

– Nicholas Wu

Democrats leave out religious attacks, but Republicans still decry them

Religious attacks against federal appeals court Judge Amy Coney Barrett were missing from Democrats’ arsenal Monday, but that didn’t stop Republicans from decrying them.

Perhaps hoping Democrats would go after Barrett for her devout Catholicism, as they did in 2017 when she was confirmed to the appeals court, Republicans on the Senate Judiciary Committee denounced such efforts.

No one was more blunt than Sen. Josh Hawley, R-Mo., who said, “This is an attempt to bring back the days of the religious test.”

Hawley said Democrats and the media have singled out Barrett’s faith, such as her membership in the Christian fellowship group People of Praise. He compared it to Democrats’ questioning of prior nominees for such things as their membership in the Knights of Columbus.

“Judge Barrett is a Catholic. We all know that,” Hawley said. “She’s a devout Catholic. We all know that.”

But 65 million Americans are Catholic, and millions more are Christians of other denominations, Hawley said, adding, “Are they to be told that they cannot serve in public office?”

– Richard Wolf

What senators are attending the hearing virtually?

Several senators opted to take part virtually in Monday’s confirmation hearing for Judge Amy Coney Barrett because of the risk of COVID-19.

On the Republican side, Sens. Ted Cruz of Texas and Thom Tillis of North Carolina participated virtually, as did two Democrats, Sens. Patrick Leahy of Vermont and Kamala Harris of California.

Two Republican members of the committee, Tillis and Mike Lee of Utah, tested positive for COVID-19 earlier this month. Lee returned in person for the hearing, releasing a letter from the Office of the Attending Physician telling him he no longer had to isolate. Tillis has continued to quarantine.

Cruz entered a two-week-long quarantine after coming into close contact with Lee, telling NBC’s “Meet the Press” on Sunday, “I'm at the tail end of a self-quarantine” in his Washington, D.C. apartment.

Harris and Leahy said they would participate virtually because of the risks posed by holding an in-person hearing amid the COVID-19 pandemic without testing procedures in place for the Senate.

– Nicholas Wu

Sen. Amy Klobuchar: 'This hearing is a sham'

Call it the COVID confirmation.

Democrats on the Senate Judiciary Committee kept returning Monday to the circumstances of federal appeals court Judge Amy Coney Barrett’s confirmation hearing in the midst of the COVID-19 pandemic.

One of the most personal appeals came from Sen. Amy Klobuchar, D-Minn., who earlier this year was among those seeking President Donald Trump’s job. She recounted how her husband and 92-year-old father caught the virus and became critically ill before managing to recover.

“The president could have saved so many lives. Instead, he’s been reckless,” Klobuchar said. Like most of her colleagues, she displayed photos of constituents who need the health care coverage Democrats say is at risk if Barrett is confirmed.

“The president has been trying to get rid of Obamacare since he got in power,” she said. His nomination of Barrett is purposeful, she said: Barrett criticized the 5-4 decision upholding the Affordable Care Act written by Chief Justice John Roberts.

“Yes, judge, I think this hearing is a sham,” Klobuchar said. “I think it shows real messed-up priorities from the Republican Party.”

– Richard Wolf

Planned Parenthood, conservative groups demonstrate outside hearing

Dozens of demonstrators gathered outside the Supreme Court Monday as the first day of Amy Coney Barrett’s confirmation is underway.

Democratic groups like Planned Parenthood, who are protesting Barrett’s confirmation, and conservative groups like Students for Life, were both present in Washington, D.C.

Amanda Matos, director of constituency campaigns with Planned Parenthood, said that there should be “no nomination until inauguration.”

“Our reproductive rights are on the line,” Matos said. “Instead the Senate should be focusing on COVID. We're in the middle of a pandemic, and right now, Republicans are focusing on a nomination, not on actually protecting our health care.”

Kristan Hawkins, president of Students for Life, said “the pro-life movement has been waiting for more than 40 years for a pro-life majority on the Supreme Court.”

Hawkins said that Democrats opposing Barrett for her stance on the Affordable Care Act is “really a euphemism for allowing the violence of abortion.”

Amid a constant drizzle, protestors against Barrett’s confirmation chanted “Ho, ho, hey hey, we need the ACÁ,” while protestors for the conservative judge’s confirmation chanted back “we have the votes.”

– Rebecca Morin

Sen. Whitehouse: Barrett hearing 'a microcosm of Trump's dangerous ineptitude'

Sen. Sheldon Whitehouse, D-R.I., began his opening statement during the first confirmation hearing of Amy Coney Barrett by blasting President Donald Trump's handling of the coronavirus pandemic.

"Trump can't even keep the White House safe," Whitehouse said, referring to the recent outbreak that ensnared the president as well as top aides and two Republican members of the Senate Judiciary Committee, including Sen. Mike Lee – who attended the hearing in-person Monday and occasionally removed his mask.

Whitehouse criticized Judiciary Committee Chairman Lindsey Graham for holding the hearing without any kind of testing regimen in place.

"The whole thing, just like Trump, is an irresponsible botch," Whitehouse said.

"The irony is that this slapdash hearing targets the Affordable Care Act," he added, echoing other Democrats' contention that Barrett's confirmation could lead to the overturning of the health care law amid the pandemic.

– William Cummings

Graham recalls days of bipartisan Supreme Court confirmations

Bork. Thomas. Alito. Kavanaugh.

The most contentious Supreme Court nominations in history were recalled Monday, not by Democrats seeking to block the confirmation of federal appeals court Judge Amy Coney Barrett to the high court, but by the Republican chairman of the Senate Judiciary Committee.

Sen. Lindsey Graham, R-S.C., urged his Democratic colleagues, “Don’t take that path.” Rather, he said, they should recall the days when both parties joined together to confirm Supreme Court nominees unanimously, or in the late Associate Justice Ruth Bader Ginsburg’s case, 96-3.

But that seems unlikely. All Democrats in the Senate are likely to oppose Barrett because of the circumstances surrounding her nomination in the midst of the COVID-19 pandemic and the presidential election.

That will seem more like Bork, Thomas, Alito and Kavanaugh. Federal appeals court Judge Robert Bork was blocked as extreme by Democrats, forcing President Ronald Reagan to nominate a judge – Anthony Kennedy of California – who turned out to be relatively moderate.

Associate Justices Clarence Thomas, Samuel Alito and Brett Kavanaugh were confirmed, but only after bitter confirmation battles. Thomas survived 52-48, Alito 58-42 and Kavanaugh 50-48.

– Richard Wolf

Sen. Mike Lee, who tested positive for COVID, gives opening statement without mask

Sen. Mike Lee, R-Utah, returned to the Senate Judiciary Committee on Monday for Judge Amy Coney Barrett's confirmation hearings following a 10-day quarantine after testing positive for COVID-19.

Lee announced a positive COVID-19 result on Oct. 2 after “experiencing symptoms consistent with longtime allergies.” The CDC says it is safe for those who tested to interact with others 10 days after symptoms begin and if they are fever-free for at least 24 hours.

He entered the confirmation hearing wearing a surgical mask but removed it for his opening statement on Barrett's nomination. He did not respond to questions from reporters before the hearing when asked if he had tested negative.

Lee's office released a letter from the Office of the Attending Physician saying he's met the criteria to end isolation.

“Based upon current CDC guidelines, you have met criteria to end COVID-19 isolation for those with mild to moderate disease," the letter states. "Specifically, it has been greater than 10 days since symptom onset, you have had no fever in absence of fever reducing medication for at least 24 hours, and your other symptoms have improved. The CDC does not recommend repeat SARS-CoV-2 PCR testing if these criteria are met.”

-Nicholas Wu

Sen. Mike Lee, R-Utah, who tested positive for COVID-19 earlier this month, speaks during the confirmation hearing of Judge Amy Coney Barrett.
Sen. Mike Lee, R-Utah, who tested positive for COVID-19 earlier this month, speaks during the confirmation hearing of Judge Amy Coney Barrett.

Durbin attacks GOP for 'shameless, self-serving, venal reversal' on Supreme Court confirmations

The second-ranking Democrat in the Senate attacked Republicans Monday for their reversal on confirming a Supreme Court justice during a presidential election year.

Noting Majority Leader Mitch McConnell said in 2016 that the American people should decide as reason to deny President Barack Obama’s nominee a hearing, Sen. Dick Durbin, D-Ill., called the current confirmation hearing of Judge Amy Coney Barrett “a shameless, self-serving, venal reversal.”

Durbin said the reason could be summed up in two dates: Election Day on Nov. 3, and the high court’s Nov. 10 date with the Affordable Care Act. It is then that the justices will consider killing the law.

“In the midst of the pandemic, the Republicans want to strike down a law that 23 million Americans rely on,” Durbin said.

Like other Democrats on the panel, Durbin displayed a large photo of a family from his state that has depended on the health care law for crucial insurance coverage. In his case, it was a young boy who went on to play baseball after receiving the care he needed.

Durbin quoted the boy’s mother: “Kenny is a real person whose life depends on the Affordable Care Act.”

– Richard Wolf

Grassley: It's 'outrageous' to assume Barrett would end ACA

In his opening statement, Sen. Chuck Grassley, R-Iowa, praised Barrett while deriding Democrats' past efforts to derail Republican nominees to the Supreme Court, saying he expected them to "rustle up baseless claims and scare tactics" against Barrett "as they've done for decades."

The former Judiciary Committee chairman took particular issue with Democrats' claims that "Barrett's confirmation would be the demise of the Affordable Care Act and the protection for pre-existing conditions," based on her previously stated opinions.

"That's outrageous," Grassley said. "As a mother of seven, Judge Barrett clearly understands the importance of health care."

He said that as a professor, Barrett had only criticized Chief Justice John Roberts' opinion that the penalty enforcing the ACA's individual mandate was actually a tax, noting that was a provision of the law that was no longer in effect.

"Democrats shouldn't claim to know how any judge would rule in any particular case," pointing to previous nominees who had not gone on to be the staunchly conservative justices Democrats had feared, such as David Souter and John Paul Stevens.

Grassley advised Barrett to follow the example of the late Justice Ruth Bader Ginsburg, who believed, he said, that a Supreme Court nominee "should offer no forecast, no hints of how he or she will vote" on any specific case.

-William Cummings

Affordable Care Act front and center at Barrett hearing

More than 10 years after its passage, the Affordable Care Act was front and center again in Congress.

Democrats on the Senate Judiciary Committee made the health care law signed by President Barack Obama in 2010 the centerpiece of their effort to defeat federal appeals court Judge Amy Coney Barrett’s confirmation to the Supreme Court.

Their effort reflects the politics of the moment: Rather than attacking Barrett over her devout Catholicism, which backfired on Democrats in 2017 when she was confirmed to the U.S. Court of Appeals for the 7th Circuit, they focused on the popular health care law instead.

“The stakes are extraordinarily high for the American people,” said Sen. Dianne Feinstein, D-Calif., top Democrat on the panel. “Health care coverage for millions of Americans is at stake.”

What if there's a tie?: How the Supreme Court works when there are only 8 justices

That’s because the Affordable Care Act will come back before the high court next month, when a challenge mounted by Texas and other states led by Republicans is heard by eight – or nine, if Barrett is confirmed by then – justices. The Trump administration backs the challenge.

The challenge stems from a $1.5 trillion tax cut passed by the Republican-dominated Congress in 2017, which repealed the health care law's tax on people who refuse to buy insurance. That tax was intended to prod them into the health insurance marketplace rather than let them seek emergency care while uninsured.

Many health care law analysts expect the court to save most, if not all, of the law's provisions, even with Barrett on the court.

– Richard Wolf

Barrett confirmation: Amid pandemic and presidential race, Supreme Court confirmation hearing will be unprecedented

Sen. Dianne Feinstein: 'The stakes are extraordinarily high'

Senator Dianne Feinstein, D-Calif., the top Democratic member on the Senate Judiciary Committee, warned of the stakes of the confirmation of Judge Amy Coney Barrett in her opening statement.

Feinstein first reflected on the life of the late Justice Ruth Bader Ginsburg and her impact on the law before pivoting to the implications of her potential replacement to the high court.

"In filling Judge Ginsburg's seat, the stakes are extraordinarily high for the American people, both in the short term and for decades to come,” Feinstein said.

“Most importantly, health care coverage for millions of Americans is at stake with this nomination,” she continued, a nod to Democrats' fears that a Supreme Court with Barrett on the bench will overturn the Affordable Care Act.

“So, over the course of these hearings, my colleagues and I will focus on that subject,” Feinstein said.

– Matthew Brown

Sen. Dianne Feinstein, D-Calif., speaks during the first confirmation hearing for Supreme Court nominee Amy Coney Barrett on Monday.
Sen. Dianne Feinstein, D-Calif., speaks during the first confirmation hearing for Supreme Court nominee Amy Coney Barrett on Monday.

Graham opens hearings, warns of a 'long, contentious week'

Sen. Lindsey Graham, chairman of the Senate Judiciary Committee, opened the Supreme Court confirmation hearings of Amy Coney Barrett by warning of a "long, contentious week."

"This is probably not about persuading each other," he said, noting that all Republicans would likely vote to send her nomination to the full Senate, and all Democrats would vote against her.

Calling for respect in the process, Graham said, “We’ve taken a different path at times – Bork, Thomas, Alito, Kavanaugh. I hope we don’t take that path with Judge Barrett. She doesn’t deserve that," he said, referencing the the confirmation processes of other Supreme Court nominees.

Graham acknowledged the proximity of the elections to the confirmation process, saying no nominee had been confirmed in an election year "past July." Democrats have called for the confirmation process to be postponed until after the election in the hope former Vice President Joe Biden wins the presidency and Democrats take control of the Senate.

But Graham contended, "this is a vacancy that occurred through the tragic loss of a great woman. And we're going to fill that vacancy with another great woman."

-Nicholas Wu and Richard Wolf

Senate Judiciary Committee Chairman Sen. Lindsey Graham, R-S.C., waits for the start of the Senate Judiciary Committee confirmation hearing for Amy Coney Barrett on Monday
Senate Judiciary Committee Chairman Sen. Lindsey Graham, R-S.C., waits for the start of the Senate Judiciary Committee confirmation hearing for Amy Coney Barrett on Monday

Senators sport masks at Barrett hearing

As Senate Judiciary members arrived for Judge Amy Coney Barrett's first day of confirmation hearings, most were clad in disposable masks, including Sen. Mike Lee of Utah, who tested positive for COVID-19 on Oct. 2.

As he arrived, Lee did not respond when reporters asked if he had been tested for COVID-19 on Monday. Sen. John Kennedy, R-La., was seen wearing his mask around his neck and Sen. Lindsey Graham, R-S.C. – who has refused to say whether he has been tested for the virus – removed his mask to speak, as did ranking Democrat Sen. Dianne Feinstein of California.

Many have expressed concern about the safety of Feinstein, 87, and other older members of the committee who are considered at high risk from the virus such as Sen. Chuck Grassley, R-Iowa, who is also 87. Three GOP senators – including committee members Lee and Sen. Thom Tillis of North Carolina – tested positive for COVID-19 earlier this month. Tillis attended Monday's hearing virtually as did Democratic Sens. Kamala Harris and Patrick Leahy.

Barrett and her family entered wearing tight-fitting cloth masks. Barrett continued to wear her mask as she listened to Graham and Feinstein's opening statements. She removed it to take sips of water.

- William Cummings

Barrett arrives for confirmation hearing

Judge Amy Coney Barrett arrived on Capitol Hill on Monday for the first day of her confirmation hearings before the Senate Judiciary Committee. Her seven children and husband are all in the audience, all wearing face masks, according to ABC News' Trish Turner.

She will be presenting her opening statement, where she is set to say, "courts are not designed to solve every problem or right every wrong in our public life."

– Nicholas Wu

Protesters gather outside during Barrett hearing

Activists opposing the nomination of Judge Amy Coney Barrett to the Supreme Court gathered in front of the Supreme Court and Senate office buildings Monday morning, as the Senate began confirmation hearings for Barrett take place.

Clad in Hazmat suits and gas masks, protestors held signs reading “Hazard COVID” and “No COVID Test No Hearing.” The protests were organized in part by the Center for Popular Democracy Action, a progressive advocacy group.

“If Senate leadership forces a nominee before the next congress and president are installed, it would deprive the people of their voice and further destabilize a nation already gripped by crisis,” Ana Maria Archila, co-executive director at CPD Action, said in a statement.

Conservative groups supporting Barrett’s nomination to the court were also present, chanting “law and order” as progressives chanted in front of the Senate Hart Building.

– Matthew Brown

Supreme Court nominee Amy Coney Barrett arrives for her confirmation hearing on Capitol Hill on Monday.
Supreme Court nominee Amy Coney Barrett arrives for her confirmation hearing on Capitol Hill on Monday.

Senate to begin confirmation hearings for Barrett

WASHINGTON – The Senate began confirmation hearings Monday for President Donald Trump's Supreme Court nominee Amy Coney Barrett as Republicans aim to confirm her before Election Day.

Monday's hearing before the Senate Judiciary Committee is the first of four days of confirmation hearings. All 22 senators on the panel will give opening 10-minute statements, including Judiciary Committee Chairman Lindsey Graham, R-S.C. Barrett will be introduced by Indiana's two Republican senators Todd Young and Mike Braun, and former Notre Dame Professor Patricia O'Hara, one of Barrett's mentors. The judge will also deliver her own opening statement.

"Courts are not designed to solve every problem or right every wrong in our public life," Barrett says in her planned remarks. "The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the People. The public should not expect courts to do so, and courts should not try."

Don't expect a vote on Barrett this week. The committee won’t vote until after it holds Barrett’s nomination for one week, a common practice by the panel. The committee vote is expected around Oct. 22 and is likely to split along party lines, 12-10. Then her nomination will go to the full Senate, where she'll need at least a majority to be confirmed to the high court.

Supreme Court nominee Judge Amy Coney Barrett walks to her Senate Judiciary Committee confirmation hearing on Capitol Hill on Monday.
Supreme Court nominee Judge Amy Coney Barrett walks to her Senate Judiciary Committee confirmation hearing on Capitol Hill on Monday.

Republicans are determined to advance Barrett's confirmation. Senate Majority Leader Mitch McConnell, R-Ky., said at a Friday event in Kentucky "the first item of priority in the Senate is the Supreme Court."

Democrats have called for the nomination to be postponed until after the election but acknowledge they neither have the votes to delay the hearing, nor do they have the votes to block Barrett from ultimately being confirmed to the high court. Instead, they aim to highlight parts of Barrett's record they view as problematic, especially with regards to health care.

Barrett's judicial philosophy: We binge-watched 15 hours of Amy Coney Barrett's speeches. Here’s what we learned about her judicial philosophy

More on Barrett: Amy Coney Barrett: Talented judge, popular professor brings solid conservative credentials

Sen. Dick Durbin, D-Ill., the second-ranking Senate Democrat and a member of the committee, said Sunday on "Meet the Press" Barrett had been sent "on assignment" by Trump to the Supreme Court to overturn the Affordable Care Act and to rule on election-related cases.

Democrats plan to avoid asking about Barrett's personal background and beliefs, however. Sen. Mazie Hirono, D-Hawaii, also a member of the Judiciary Committee, said Sunday on CNN's "State of the Union" Barrett's religion was "immaterial" to her confirmation. Hirono was instead "totally focused" on Barrett's views regarding the Affordable Care Act, she said.

Democratic lawmakers have also expressed concerns about safety at the hearing as multiple Republican senators tested positive for COVID-19 this month. Congress does not have a COVID-19 testing program.

Sen. Kamala Harris, D-Calif.; Sen. Patrick Leahy, D-Vt.; and Sen. Cory Booker, D-N.J., said Friday in a letter to Graham that the hearing posed "serious risks" and they urged him against "unsafely moving forward with these hearings while no clear testing regime is in place to ensure that they do not become another super-spreader of this deadly virus."

Harris and Leahy have since said they would take part in the hearings remotely in the absence of a standardized COVID-19 testing program in the Senate.

Two of the panel's members, Sen. Thom Tillis, R-N.C., and Sen. Mike Lee, R-Utah, announced positive tests for COVID-19 on Oct. 2 and went into quarantine, though both senators indicated they would attend the hearings either virtually or in-person.

Graham has said the hearings would be conducted "safely," limits will be placed on the number of people in the hearing room, and the hearing itself has been moved to a larger room.

More: 5 things you need to know about Amy Coney Barrett, Trump's Supreme Court nominee

This article originally appeared on USA TODAY: Amy Coney Barrett hearing updates: Trump's nominee faces Senators