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>> Sreenivasan: TOMORROW THE

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SENATE JUDICIARY COMMITTEE WILL

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BEGIN HEARINGS ON PRESIDENT

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TRUMP'S NOMINEE-- JUDGE AMY

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CONEY BARRETT-- TO REPLACE THE

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LATE SUPREME COURT JUSTICE RUTH

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BADER GINSBURG.

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SENATORS WILL SPEAK FOR SEVERAL

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HOURS BEFORE JUDGE BARRETT MAKES

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HER OPENING STATEMENT.

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HER REMARKS WERE RELEASED TODAY

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AND INCLUDE HER BELIEF THAT

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GOVERNMENT AND NOT THE COURTS

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SHOULD MAKE POLICY AND THAT THE

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COURTS ARE "NOT DESIGNED TO

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SOLVE EVERY PROBLEM OR RIGHT

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EVERY WRONG IN OUR PUBLIC LIFE."

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FOR MORE ABOUT THE NOMINEE AND

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WHAT'S AHEAD IN THE HEARINGS I

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SPOKE WITH AMY HOWE, CO-FOUNDER

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OF "THE SCOTUS BLOG" WHO JOINED

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US FROM WASHINGTON, D.C.

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AMY, IN ANY OTHER WORLD, THE

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SUPREME COURT NOMINATION WOULD

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BE FRONT PAGE ABOVE THE FOLD

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EVERY DAY.

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BUT SINCE WE SPOKE LAST AT THE

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PASSING OF R.B.G.'S DEATH, THIS

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STORY HAS GOTTEN ECLIPSED BY SO

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MANY OTHER THINGS.

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WHAT CAN WE EXPECT TOMORROW?

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>> SO, THEY'RE GOING TO KICK IT

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OFF WITH STATEMENTS,

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INTRODUCTIONS FROM INDIANA

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SENATORS AND FROM PATRICIA

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O'HARA, WHO IS A FORMER DEAN OF

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NOTRE DAME LAW SCHOOL.

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AND THEN WE'LL HEAR STATEMENTS

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FROM JUDGE BARRETT HERSELF AND

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FROM THE SENATORS ON THE SENATE

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JUDICIARY COMMITTEE.

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AFTER THAT, THEY WILL MOVE ON TO

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QUESTIONS FOR JUDGE BARRETT FROM

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THE SENATORS ON THE COMMITTEE,

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WHICH IS REALLY WHERE THE MEAT

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OF THE HEARINGS WILL BE.

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AND THEN WE'LL HEAR TESTIMONY

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FROM LEGAL EXPERTS AND PEOPLE

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FROM JUDGE BARRETT'S LIFE

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SUPPORTING HER NOMINATION AND

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PROBABLY SOME OPPOSING HER

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NOMINATION.

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>> Sreenivasan: AT THIS POINT,

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IF ANYBODY'S WATCHED ANY OF THE

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PREVIOUS TWO NOMINATION

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HEARINGS, YOU HAVE THE TEAM THAT

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SUPPORTS THE JUSTICE.

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THAT PARTY ASKS EASY QUESTIONS.

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AND THE TEAM THAT OPPOSES THE

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NOMINEE ASKS VERY DIFFICULT

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ONES.

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GIVEN THE COMPOSITION OF THE

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SENATE, IT'S SORT OF A FOREGONE

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CONCLUSION AT THIS POINT.

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>> IT CERTAINLY DOES SEEM THAT

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WAY.

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THE REPUBLICANS WOULD NEED

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SEVERAL SENATORS TO DEFECT, AND

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THERE'S NO SIGN OF THAT AT THIS

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POINT.

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THERE ARE TWO SENATORS, SENATOR

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LISA MURKOWSKI OF ALASKA AND

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SENATOR SUSAN COLLINS OF MAINE,

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WHO HAD SAID THAT THEY WANTED

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REPUBLICANS TO WAIT AND NOT VOTE

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ON A NOMINEE BEFORE THE

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ELECTION, BUT I DON'T THINK THAT

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EITHER ONE OF THEM HAS COMMITTED

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TO NOT VOTING FOR JUDGE BARRETT.

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SO IT DOES SEEM LIKE SHE HAS THE

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VOTES AT THIS POINT.

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BUT AT THE SAME TIME, I THINK

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THAT THERE'S GOING TO BE

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DISCUSSIONS.

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IT'S SORT OF AN OPPORTUNITY.

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IT'S A LITTLE BIT OF A CIVICS

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LESSON, YOU KNOW, IN WHICH THE

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PARTY THAT IS OPPOSING THE

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NOMINEE IN PARTICULAR CAN USE

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THE SENATE CONFIRMATION HEARINGS

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AS AN OPPORTUNITY TO, SORT OF,

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EDUCATE THE PUBLIC ABOUT THE

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NOMINEE.

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BECAUSE, REMEMBER, UNLIKE THE

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SENATE, THE SUPREME COURT

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PROCEEDINGS ARE NOT TELEVISED.

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AND RIGHT NOW, WE'RE ACTUALLY

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HEARING THEM BECAUSE OF THE

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PANDEMIC LIVE AUDIO, BUT WE

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DON'T SEE THE SUPREME COURT IN

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ACTION, SORT OF.

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SO WE LEARN A LOT MORE ABOUT

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THIS PERSON.

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>> Sreenivasan: IF THE SENATE

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AND THE PRESIDENT HAVE THEIR

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WAY, THIS NOMINATION WRAPS UP

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RIGHT BEFORE THE ELECTION.

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WHAT ARE THE BIG CASES THAT

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SHE'S GOING TO FACE?

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>> THERE ARE TWO VERY BIG ONES

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THAT SHE WOULD FACE ALMOST

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IMMEDIATELY.

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THE DAY AFTER ELECTION DAY, THE

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SUPREME COURT WILL HEAR ORAL

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ARGUMENTS IN A CASE CALLED

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"FULTON VERSUS CITY OF

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PHILADELPHIA."

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AND THIS IS A CASE ABOUT THE

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BALANCE BETWEEN RELIGIOUS

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BELIEFS ON THE ONE HAND, AND

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ANTI-DISCRIMINATION LAWS,

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PARTICULARLY ANTI-DISCRIMINATION

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LAWS AGAINST L.G.B.T.Q. PEOPLE,

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ON THE OTHER HAND.

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AND IT'S A, SORT OF A SECOND

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ROUND OF CASES.

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MANY OF YOUR VIEWERS MAY

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REMEMBER FROM A COUPLE OF YEARS

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AGO A CASE INVOLVING A COLORADO

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BAKER WHO REFUSED TO MAKE CAKES

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FOR A SAME SEX WEDDING.

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AND THE SUPREME COURT IN THAT

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CASE RULED FOR THE BAKER,

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BUT IN A VERY NARROW WAY THAT

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DIDN'T RESOLVE THE BROADER

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QUESTION OF HOW DO YOU BALANCE

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SOMEONE'S RELIGIOUS BELIEFS

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AGAINST ANTI-DISCRIMINATION

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LAWS?

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AND SO, THE QUESTION IS BACK IN

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A CASE BROUGHT BY CATHOLIC

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SOCIAL SERVICES IN PHILADELPHIA

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AGAINST THE CITY OF

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PHILADELPHIA, WHICH WON'T NOW

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GIVE CONTRACTS TO CATHOLIC

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SOCIAL SERVICES BECAUSE CATHOLIC

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SOCIAL SERVICES WON'T WORK WITH

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FOSTER CARE PARENTS WHO ARE SAME

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SEX COUPLES.

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>> Sreenivasan: HMM.

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>> AND THE SECOND ONE IS A WEEK

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AFTER ELECTION DAY, AND THAT IS

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THE CHALLENGE TO THE INDIVIDUAL

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MANDATE OF THE AFFORDABLE CARE

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ACT.

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AND THAT IS A CASE THAT BACK IN

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2012, AGAIN, MANY OF YOUR

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VIEWERS MAY REMEMBER, THE CHIEF

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JUSTICE, JOHN ROBERTS, JOINED

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THE COURT'S THEN FOUR MORE

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LIBERAL JUSTICES IN UPHOLDING

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THE INDIVIDUAL MANDATE.

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A COUPLE OF YEARS LATER, THE

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CONGRESS CHANGED THE MANDATE.

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THEY REDUCED THE PENALTY FOR NOT

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GETTING HEALTH INSURANCE TO

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ZERO.

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AND SO, TEXAS AND SOME OTHER

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SO-CALLED RED STATES WENT TO

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COURT, SAID, WELL, IF THERE'S NO

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LONGER A PENALTY FOR NOT GETTING

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HEALTH INSURANCE, IT CAN'T BE A

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TAX.

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AND THEY SAID IF THE MANDATE'S

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NOT CONSTITUTIONAL, THE WHOLE

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AFFORDABLE CARE ACT HAS TO GO

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WITH IT.

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AND SO, THAT IS OBVIOUSLY A VERY

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CONSEQUENTIAL CASE THAT IS GOING

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TO BE ARGUED ON NOVEMBER 10 AT

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THE SUPREME COURT.

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>> Sreenivasan: ONE THING A LOT

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OF PEOPLE ARE CURIOUS ABOUT IS

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WHAT IF THE ELECTION, SIMILAR TO

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2000, ENDS UP IN FRONT OF THE

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SUPREME COURT?

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WOULD SHE PLAY A ROLE IN THAT?

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>> I THINK THAT IS DEFINITELY A

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QUESTION THAT WE ARE GOING TO

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HEAR ASKED AT THE HEARINGS IN A

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VARIETY OF DIFFERENT

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FORMULATIONS, AND I DON'T KNOW

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WHAT HER ANSWER WILL BE.

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I THINK THAT SHE IS LIKELY TO

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PLAY A ROLE.

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AND I THINK THE PRESIDENT AND

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SOME REPUBLICANS HAVE SUGGESTED

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THAT THAT IS, IN FACT, A REASON

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WHY WE NEED A NINTH JUSTICE ON

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THE SUPREME COURT IN ADVANCE OF

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THE ELECTIONS.

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CERTAINLY ANY LITIGATION ARISING

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OUT OF THE ELECTIONS ISN'T GOING

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TO ARRIVE ON THE SUPREME COURT

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ON, YOU KNOW, NOVEMBER 4, RIGHT.

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IT WOULD TAKE A WHILE TO BUBBLE

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UP TO THE SUPREME COURT.

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BUT, SORT OF THE BROADER

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QUESTION I THINK SHE IS LIKELY

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TO PLAY A ROLE.

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>> Sreenivasan: AMY HOWE, "THE

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SCOTUS BLOG."

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THANKS SO MUCH.

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>> THANKS FOR HAVING ME.