Amy Coney Barrett is rightfully facing a series of questions during her confirmation hearing(s) this week — but in regards to that we all know she’ll be confirm regardless. Despite that — we’re playing catch up today as we bring you the things you probably should know about her as she ascends to the Supreme Court.
On Day 3 of her hearing —- these are the biggest takeaways we’ve noticed so far.
In response to a question about whether or not she believed Donald Trump has the ability to pardon himself:
“Sen. Leahy, so far as I know, that question has never been litigated. That question has never arisen. That question may or may not arise, but it’s one that calls for legal analysis of what the scope of the pardon power is, so because it would be opining on an open question when I haven’t gone through the judicial process to decide it, it’s not one on which I can offer a view.”
You also might notice one stand out term as the hearings go into Day 3 and end on day four.
TERM: STARE DECISIS
In a 2013 writing, Barrett penned the following paragraph herself.
“If anything, the public response to controversial cases like Roe reflects public rejection of the proposition that stare decisis can declare a permanent victor in a divisive constitutional struggle rather than desire that precedent remain forever unchanging,” she wrote at the time.
Cameras in the courtroom? Eh, not so fast.
It’s been noted before that justices have claimed to be open to the idea and then revert back to absolutely not once they reach the Supreme Court. Barrett claimed in the hearing this morning that she’d be open to the idea — but whether or not that remains to actually come true will be a matter of her being honest. Right now, the justices are allowing audio feeds to go through as they are working from home amid the Coronavirus pandemic.