1 00:00:02,033 --> 00:00:04,233 JUDY WOODRUFF: Day one of the confirmation hearings for Judge Amy Coney Barrett is in 2 00:00:04,233 --> 00:00:09,233 the books, and the battle for this U.S. Supreme Court seat has been joined. 3 00:00:11,266 --> 00:00:14,300 President Trump and Republicans are pushing to put a conservative stamp on the High Court 4 00:00:14,300 --> 00:00:19,066 for years to come. Democrats are warning of what that could mean. 5 00:00:19,066 --> 00:00:21,066 John Yang begins our coverage. 6 00:00:21,066 --> 00:00:25,300 SEN. LINDSEY GRAHAM (R-SC): The hearing to confirm Judge Amy Barrett to the Supreme Court 7 00:00:27,466 --> 00:00:29,533 will now begin. 8 00:00:29,533 --> 00:00:33,500 JOHN YANG: In an appropriately distanced Senate hearing room, Supreme Court nominee Amy Coney 9 00:00:35,366 --> 00:00:39,200 Barrett appeared before a divided Senate Judiciary Committee and a divided nation. 10 00:00:41,233 --> 00:00:44,533 Wearing a mask, Barrett was backed by her husband and six of their seven children. In 11 00:00:46,500 --> 00:00:49,700 her first public remarks since being nominated, she told senators her judicial philosophy 12 00:00:51,633 --> 00:00:54,866 was inspired by her mentor, the late Justice Antonin Scalia, for whom she was a clerk. 13 00:00:57,433 --> 00:00:59,433 AMY CONEY BARRETT, Supreme Court Justice Nominee: It was the content of Justice Scalia's reasoning 14 00:00:59,433 --> 00:01:03,166 that shaped me. His judicial philosophy was straightforward: A judge must apply the law 15 00:01:05,700 --> 00:01:09,033 as it is written, not as she wishes it were. 16 00:01:09,033 --> 00:01:13,133 JOHN YANG: She said making policy belongs to lawmakers, not judges. 17 00:01:13,133 --> 00:01:18,133 AMY CONEY BARRETT: Courts are not designed to solve every problem or right every wrong 18 00:01:20,133 --> 00:01:23,366 in our public life. The policy decisions and value judgments of government must be made 19 00:01:25,833 --> 00:01:30,833 by the political branches, elected by and accountable to the people. The public should 20 00:01:33,000 --> 00:01:36,666 not expect courts to do so, and courts should not try. 21 00:01:36,666 --> 00:01:40,300 JOHN YANG: But policy was what Democrats focused on. 22 00:01:40,300 --> 00:01:44,933 They said her confirmation was being fast-tracked this election year so she would be on the 23 00:01:44,933 --> 00:01:49,900 bench for oral arguments November 10 in a case that 20 Republican-led states brought 24 00:01:51,066 --> 00:01:53,666 against the Affordable Care Act, or ACA. 25 00:01:53,666 --> 00:01:57,766 SEN. SHELDON WHITEHOUSE (D-RI): The big, secretive influences behind this unseemly rush see this 26 00:01:59,233 --> 00:02:04,033 nominee as a judicial torpedo they are firing at the ACA. 27 00:02:06,000 --> 00:02:08,666 JOHN YANG: Democrats spoke of constituents who they said would lose health insurance 28 00:02:08,666 --> 00:02:11,333 if the ACA was struck down. 29 00:02:11,333 --> 00:02:13,900 Senator Mazie Hirono of Hawaii: 30 00:02:13,900 --> 00:02:17,833 SEN. MAZIE HIRONO (D-HI): The consequences of Judge Barrett's confirmation would be devastating 31 00:02:19,833 --> 00:02:22,633 for millions of Americans who would lose their health care during this pandemic. 32 00:02:22,633 --> 00:02:27,566 JOHN YANG: Some of Barrett's Republican defenders said her potential vote on the ACA case should 33 00:02:27,566 --> 00:02:29,633 not be prejudged. 34 00:02:29,633 --> 00:02:31,700 Senator John Cornyn of Texas: 35 00:02:31,700 --> 00:02:35,066 SEN. JOHN CORNYN (R-TX): You stand accused of intending to violate your oath before you 36 00:02:35,066 --> 00:02:40,066 even take it. Further, our Democratic colleagues want you to guarantee a result in a case as 37 00:02:43,800 --> 00:02:48,833 a quid pro quo for your confirmation. It's outrageous. 38 00:02:48,833 --> 00:02:53,600 JOHN YANG: Democrats renewed their objections to filling the vacancy so close to Election 39 00:02:53,600 --> 00:02:54,600 Day. 40 00:02:54,600 --> 00:02:56,733 Senator Chris Coons of Delaware: 41 00:02:56,733 --> 00:03:00,766 SEN. CHRIS COONS (D-DE): There is no precedent in our nation's history for confirming a Supreme 42 00:03:02,766 --> 00:03:06,800 Court nominee by the Senate this close to a presidential election, in which a majority 43 00:03:08,100 --> 00:03:10,100 of states are already voting. 44 00:03:10,100 --> 00:03:14,866 JOHN YANG: Speaking from her office, committee member and vice presidential nominee Kamala 45 00:03:16,633 --> 00:03:19,566 Harris said lawmakers should instead be aiding financially strapped Americans. 46 00:03:19,566 --> 00:03:21,700 SEN. KAMALA HARRIS (D-CA), Vice Presidential Candidate: Senate Republicans have made it 47 00:03:21,700 --> 00:03:26,266 crystal clear that rushing a Supreme Court nomination is more important than helping 48 00:03:28,733 --> 00:03:32,266 and supporting the American people who are suffering from a deadly pandemic and a devastating 49 00:03:33,400 --> 00:03:35,500 economic crisis. 50 00:03:35,500 --> 00:03:38,700 JOHN YANG: Republicans said they were simply fulfilling their constitutional duty. 51 00:03:38,700 --> 00:03:43,533 SEN. MIKE CRAPO (R-ID): The Senate is today exercising its duty to move forward with processing 52 00:03:43,533 --> 00:03:48,533 this nomination, just like the vast majority of Senates in the past have done every time 53 00:03:50,500 --> 00:03:52,500 this has happened. 54 00:03:52,500 --> 00:03:56,500 JOHN YANG: Barrett describes herself as a faithful Catholic, and in her 2017 confirmation 55 00:03:58,500 --> 00:04:01,666 for the appeals court, some Democrats raised her faith in the context of abortion rights. 56 00:04:01,666 --> 00:04:04,600 Today, it was only Republicans who brought it up. 57 00:04:04,600 --> 00:04:08,066 SEN. JOSH HAWLEY (R-MO): When you tell somebody that they're too Catholic to be on the bench, 58 00:04:08,066 --> 00:04:11,166 when you tell somebody they're going to be a Catholic judge, not an American judge, that's 59 00:04:11,166 --> 00:04:16,166 bigotry. The pattern and practice of bigotry from members of this committee must stop. 60 00:04:18,133 --> 00:04:20,833 SEN. JONI ERNST (R-IA): It's really quite simple what your opponents are doing. They 61 00:04:20,833 --> 00:04:25,833 are attacking you, as a mom and a woman of faith, because they cannot attack your qualifications. 62 00:04:30,133 --> 00:04:35,133 JOHN YANG: Today's first of a scheduled four days of hearings lacked the usual charged 63 00:04:36,566 --> 00:04:39,433 atmosphere of a high-stakes Supreme Court nomination. 64 00:04:39,433 --> 00:04:44,433 Because of COVID-19, the only spectators allowed were a small number of journalists and Senate 65 00:04:46,433 --> 00:04:49,833 staff. Some senators appeared remotely. But outside the Hart Senate Office Building, Barrett 66 00:04:51,933 --> 00:04:53,400 supporters gathered on sidewalks. 67 00:04:53,400 --> 00:04:56,433 WOMAN: And, as far as I'm concerned, the man is president. 68 00:04:56,433 --> 00:05:01,133 JOHN YANG: While a block away, on the steps of the Supreme Court building, supporters 69 00:05:01,133 --> 00:05:03,333 and opponents faced off. 70 00:05:03,333 --> 00:05:07,733 Committee Chair Lindsey Graham predicted that, when all was said and done, the outcome would 71 00:05:07,733 --> 00:05:09,800 not be surprising. 72 00:05:09,800 --> 00:05:12,633 SEN. LINDSEY GRAHAM: This is probably not about persuading each other. Unless something 73 00:05:12,633 --> 00:05:17,633 really dramatic happens, all Republicans will vote yes and all Democrats will vote no. 74 00:05:19,533 --> 00:05:23,233 JOHN YANG: Tomorrow, Barrett is to begin two days of scheduled questioning. 75 00:05:23,233 --> 00:05:25,466 For the "PBS NewsHour," I'm John Yang.