Supreme Court nominee Judge Amy Coney Barrett said during her Tuesday confirmation hearing that she would not commit one way or the other on matters regarding Roe v. Wade, the landmark abortion case that would push the legalization of abortion back to the states if overturned.
Barrett argued that expressing a view on a precedent would signal to litigants “that I might tilt one way or another in a pending case.”
“Do you agree with Justice Scalia’s view that Roe [v. Wade] was wrongly decided?” Sen. Dianne Feinstein (D-CA) pressed the judge (video below).
“Senator, I do wanna be forthright and answer every question so far as I can. I think on that question, I’m gonna invoke Justice Elena Kagan’s description, which I think is perfectly put. When she was in her confirmation hearing, she said that she was not gonna grade precedent, give a thumbs-up or a thumbs-down. … It would be wrong and a violation of the canons for me to do that as a sitting judge.”
“If I express a view on a precedent one way or another, whether I say I love it or I hate it, it signals to litigants that I might tilt one way or another in a pending case,” reasoned Barrett.
A frustrated Feinstein pushed again, framing the question as of most importance for “half the population,” and noting that it was “distressing not to get a straight answer.”
Barrett reiterated her answer.
Pressing for a third time, Sen. Feinstein asked Barrett to answer the question “as a person,” not as a judge.
“My answer is the same,” responded Barrett, adding, “It’s a contentious issue … but I can’t express views on cases, or pre-commit to approaching a case any particular way.”
Earlier in the hearing, Barrett was asked about being called the “female Scalia.”
“I would say that Justice Scalia was a mentor. As I said when I accepted the president’s nomination that his philosophy is mine, too,” she responded, according to ABC News. “He was a very eloquent defender of originalism and it was also true of textualism, which is the way that I approach statutes and their interpretation and similarly to what I just said about originalism.”
“If I’m confirmed, you would not be getting Justice Scalia, you would be getting Justice Barrett,” emphasized the judge.
Feminists have repeatedly attacked Barrett for her faith, large family, and even her adopted children.
As noted by The Daily Wire, feminist author Lauren Hough tweeted Monday of Barrett: “It’s a very weird thing to watch these old creeps congratulate a handmaid on her clown car vagina.”
Washington Post contributor Jill Filipovic posted, “It does seem telling that the Republicans who have spoken so far have emphasized Amy Coney Barrett’s fertility and family size. It’s almost like the message is, ok you’re a very successful Career Woman, but you’ve justified your selfish ambitions by having seven kids so it’s ok.”
Sen. Dianne Feinstein: “Do you agree with Justice Scalia’s view that Roe [v. Wade] was wrongly decided?”
— ABC News (@ABC) October 13, 2020