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Trump's Supreme Court Pick Reveals How She Was Shaped by Scalia: 'A Judge Must Apply the Law as Written'

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The divided Senate Judiciary Committee kicked off confirmation hearings for Judge Amy Coney Barrett today.  

Barrett is President Trump's pick to replace the late Justice Ruth Bader Ginsburg. 

This is expected to be a contentious week with Democrats arguing that Barrett's nomination is an election season power grab.

Republicans, meanwhile, defend the process insisting there is nothing unconstitutional about confirming a new justice so close to the election.      

Democrats are vowing to slow the confirmation process. Republicans are pushing to get it done before Election Day.

"My Democratic colleagues will say this has never been done and they're right in this regard: I don't think anybody has been confirmed in an election year past July 15. All I can say is that I feel that we're doing this constitutionally," said Senate Judiciary Committee Chairman Lindsey Graham (R-SC). 

Barrett, who sat silent and behind a mask during opening statements is a 48-year-old mother of 7, a devout pro-life Catholic and a favorite among conservatives. 

"By any measure, Barrett's credentials are impeccable," said Texas Sen. Ted Cruz (R-TX).  Even the American Bar Association has declared Barrett to be "well qualified" for the post as a Supreme Court justice.

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But Barrett is a target of the Left. Monday, Democrat senators used the confirmation platform to focus heavily on a key election issue - the Affordable Care Act or Obamacare - trying to paint Barrett as a judge who would remove health care options for Americans. 

Democrats are also upset that Barrett could be seated on the Supreme Court in time to help decide any potential election or voting disputes.

"President Trump has indicated he'd be perfectly happy to have a close election decided by a 6-3 conservative majority Supreme Court rather than by the votes of the American people," said Sen. Dick Durbin of Illinois.

Judge Barrett's faith, which was under fire during previous confirmation hearings for circuit court judge, was clearly still an issue today.

"I and my colleagues will focus on your legal writings, your speeches as a law professor and judge. I think we will conclude the ways in which you rule as a justice will cause irreparable harm," said Sen. Chris Coons (D-DE).

But for Monday's opening statements, Democrats were focused mainly on the upcoming court case on the Affordable Care Act, giving example after example of people who have benefited from it. They rolled out numerous photos of people and told their medical stories.

"The stakes are extraordinarily high both in the short term and for decades to come," said Sen. Diane Feinstein. (D-CA).

Sen. Sheldon Whitehouse (D-RI) agreed with other members of his party, arguing the confirmation of the judge would be an attack against Obamacare. 

In the final round of Monday's hearing, Barrett took center stage with her opening statement, talking about family, faith, and how her judicial philosophy mirrors that of the late Justice Antonin Scalia.

"Justice Scalia taught me more than just law. He was devoted to his family, resolute in his beliefs, and fearless of criticism. And as I embarked on my own legal career, I resolved to maintain that same perspective," said Barrett. 

She also made clear that she would not be an activist judge.

"More than the style of his writing, though, it was the content of Justice Scalia's reasoning that shaped me. His judicial philosophy was straightforward: A judge must apply the law as written, not as the judge wishes it were," she explained.

Barrett further explained her own judicial philosophy saying, "Courts have a vital responsibility to enforce the rule of law, which is critical to a free society. But 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 public should not expect courts to do so, and courts should not try."

The hearings are happening with voting already underway in many states and as the country is still grappling with the pandemic. Hearings continue tomorrow, and CBN News will provide LIVE coverage right here at CBNNews.com.

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About The Author

Tara
Mergener

Tara Mergener is an award-winning journalist and expert storyteller who spent the majority of her career as a correspondent in Washington, D.C. She worked at CBS Newspath for many years, reporting for all CBS platforms, including CBS News and CBS affiliates throughout the nation. Tara also reported at CNN, Hearst’s Washington, D.C. Bureau, and was a contributor on Full Court Press with Greta Van Susteren. Tara has won dozens of awards for her investigative and political reporting, including Headliner Foundation’s Best Reporter in Texas, multiple Edward R. Murrow awards, Texas Associated Press