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."pic.twitter.com/PXCmdG90tZ
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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."
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."
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."
Amy Coney Barrett says she owns a gun, but says she can fairly decide a case on guns.
Asked by Graham if she can set aside her Catholic beliefs when deciding cases, Barrett says, "I can."
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."
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.
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."
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.
Amy Coney Barrett says she is "aware of a lot of the caricatures floating around" about her.
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.
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.
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.
"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.
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."
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.
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."
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.
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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