US Senate confirmation hearings for Amy Coney Barrett, Donald Trump’s third Supreme Court nominee, kicked off on Monday morning, the first step in an accelerated push by Republicans to install her on the high court before the November election.
Republicans, who control the Senate, are set to highlight her qualifications as a federal appeals court judge and legal academic, hoping for a smooth set of hearings free from unexpected moments that could derail her expected confirmation.
Lindsey Graham, the Senate judiciary committee’s Republican chairman, on Monday acknowledged that no Supreme Court justice had ever been confirmed as close to a presidential election as Ms Barrett is set to be. But he noted that there was no constitutional impediment to doing so.
He observed that the hearings and Ms Barrett’s confirmation were likely to follow a predictable partisan route. “This is probably not about persuading each other, unless something really dramatic happens,” he said.
“This is going to be a long, contentious week,” he added.
Democrats are keen to keep the focus on healthcare and abortion rights with less than a month to go before the US presidential election. Ms Barrett has in the past made clear her scepticism of previous court rulings that upheld the Affordable Court Act, Barack Obama’s healthcare law, and her opposition to abortion.
Ms Barrett in her opening remarks is set to try to reassure the committee that she sees the Supreme Court as having a limited role in shaping US society.
If confirmed, as widely expected, she would give the court a 6-3 majority of Republican-appointed justices, giving the conservative wing of the court a freer hand in deciding cases.
Her appointment has been described by rightwing activists as a generational opportunity to embed conservative principles in US law.
“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,” she is set to say, according to prepared remarks.
The hearings are set to take place across four days this week. Republicans have pushed forward despite an outbreak of coronavirus at the White House and among a trio of Republican senators.
One of the senators, Mike Lee, appeared in person on Monday. Mr Graham said Mr Lee had been cleared by his doctor. “I doubt if there’s any room in the country that’s been given more attention and detail to make sure it’s CDC compliant,” Mr Graham said.
Dianne Feinstein, the top Democrat on the Senate judiciary committee, said on Monday that “healthcare coverage for millions of Americans is at stake”. The Supreme Court on November 10 will hear arguments in another challenge to the Affordable Care Act.
Ms Barrett was nominated by Mr Trump to fill the vacant seat left by the death of Ruth Bader Ginsburg, a liberal icon and women’s rights pioneer.
Senate Republicans have moved forward with her confirmation despite blocking Barack Obama’s efforts to fill a vacancy ahead of the presidential election in 2016.