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>> THIS IS AN ELECTION YEAR.
WE ARE CONFIRMING THE JUDGE IN
AN ELECTION YEAR AFTER THE VOTING HAS CONCERN.
VOTING HAS CONCERN.
>> THIS>> TO JAM THROUGH A
SUPREME COURT NOMINEE WHO WILL
TAKE HEALTH CARE AWAY FROM
MILLIONS OF PEOPLE DURING A
DEADLY PANDEMIC THAT HAS ALREADY
KILLED MORE THAN 214,000
AMERICANS.
>> I BELIEVE AMERICANS OF ALL
BACKGROUNDS DESERVE AN
INDEPENDENT SUPREME COURT THAT
INTERPRETS OUR CONSTITUTION AND
LAWS AS THEY ARE WRITTEN.
>> Bret: DAY ONE OF THE SENATE
JUDICIARY COMMITTEE CONFIRMATION
HEARING FOR JUDGE AMY CONEY
BARRETT.
THESE ARE THE OPENING STATEMENTS
AND HER OPENING STATEMENT AS
WELL.
LET’S BRING IN OUR PANEL,
FOX NEWS POLITICAL ANALYST.
WASHINGTON BUREAU CHIEF AT THE
ASSOCIATED PRESS, AND EDITOR
HERE AT FOX NEWS, HOST OF NEW
FOX NATION SHOW, UNFORGETTABLE
CAMPAIGN COMMERCIALS.
WANT TO CHECK THAT OUT.
LET ME START WITH YOU.
AND THAT IS, THIS IS DAY ONE.
THIS IS THE STANDARD OPENING.
BUT THERE WAS A UNIFIED MESSAGE
ON THE DEMOCRATIC SIDE WHEN IT
CAME TO OBAMACARE, OTHERWISE
KNOWN AS THE AFFORDABLE CARE
ACT.
>> YEAH, YOU HEARD IT EXPRESSED
THERE BY A KAMALA HARRIS ALONG
WITH A NUMBER OF OTHERS.
IT IS A SURE VOTE TO STRIKE DOWN
THE AFFORDABLE CARE ACT.
OF COURSE, SHE HAS NO IDEA WHAT
AMY BARRETT WOULD DO REGARDING
THE AFFORDABLE CARE ACT AND
NEITHER DOES ANYBODY ELSE,
EXCEPT THAT IT’S WORTH REMINDING
THESE DEMOCRATS OF THE STATE AT
PLAY IN THAT CASE.
THE CASE THAT IS COMING BEFORE
THE COURT IS ONE IN WHICH THE
LAW WAS RULED THAT IT HAD TO
FALL, BECAUSE THE PENALTY, THE
MANDATE PENALTY HAD BEEN ZEROED
OUT THERE FOR WHAT THE JUSTIFICA
THAT HE USED THAT THE WHOLE LAW
WOULD FALL AWAY.
IT IS NOT AT ALL CLEAR WHETHER
SHE WOULD VOTE ON THAT.
BUT REMEMBER, IF SHE WERE NOT ON
THE COURT AND IT WAS DECIDED BY
A 4-4 COURT, THE LOWER COURT’S
RULING WOULD STAND AND IT WOULD
FALL AWAY.
SO I’M NOT SURE AT ALL WHAT
CHANGEDANGER SHE POSES.
DEMOCRATS SEEM IMPERVIOUS TO
THAT.
>> Bret: THERE ARE THE TWO
SIDES HERE.
>> REPUBLICANS ON THAT COMMITTEE
AND BEYOND ARE TONE-DEAF IN THE
MIDDLE OF THE PANDEMIC, PUSHING
THE LAWSUIT TO ELIMINATE
HEALTH CARE PROTECTION.
>> THE LEFT IS ALSO SUGGESTING
JUDGE BARRETT’S CONFIRMATION
WOULD BE THE DEMISE OF THE
AFFORDABLE CARE ACT AND
PROTECTION FOR PRE-EXISTING
CONDITIONS.
THAT’S OUTRAGEOUS.
AS A MOTHER OF 7, JUDGE BARRETT
CLEARLY UNDERSTANDS THE
IMPORTANCE OF HEALTH CARE.
>> Bret: YOU KNOW, IT DOESN’T
SEEM, JULIA, THE DEMOCRATS HAVE
A WAY TO STOP THIS AND MAY BE
DELAYED A BIT.
WE DON’T KNOW WHAT WE DON’T KNOW
ABOUT THE QUESTIONING FOR THE
NEXT FEW DAYS.
BUT IT SEEMS LIKE THEY WANT TO
GET THE POLITICAL IMPLICATION OF
OBAMACARE OUT TO A FRONT.
>> YEAH, I THINK THAT’S RIGHT.
I MEAN, DEMOCRATS WILL
ACKNOWLEDGE THAT THEY DON’T
REALLY HAVE A WAY TO SLOW THIS
DOWN IF AMY CONEY BARRETT HAS A
STRONG PERFORMANCE OVER THE NEXT
COUPLE OF DAYS.
IT SEEMS LIKE HER NOMINATION
WILL MOVE FORWARD PRETTY
QUICKLY.
BUT WOULD WHAT DEMOCRATS DO FEEL
THEY CAN DO IS TURN THIS INTO A
DISCUSSION ABOUT HEALTH CARE,
WHICH THE PARTY DID SUCCESSFULLY
IN 2018 WITH THE MIDTERM
ELECTIONS.
RETAINING THE AFFORDABLE CARE
ACT, THEY FEEL THAT THEY ARE IN
A STRONGER POSITION.
HE REALLY HAS NOT PUT FORWARD
ANYTHING COMPREHENSIVE.
IF THEY CAN SPEND THESE HEARINGS
TALKING ABOUT HEALTH CARE, THEY
CONSIDER THAT A VICTORY FOR THEM
EVEN IF IT DOES NOT DO ANYTHING
TO SLOW DOWN BARRETT’S
NOMINATION.
>> Bret: WILL THIS GET THROUGH
BEFORE ELECTION CUSTOMER >>
CERTAINLY.
I THINK IT IS GOOD TO REMEMBER
THAT GENERALLY SPEAKING, THE WAY
TO OPPOSE A REPUBLICAN NOMINEE
TO THE SUPREME COURT IF YOU ARE
A DEMOCRAT IS NOT DURING THE
INITIAL COME ABOUT AFTER THE
HEARINGS HAVE ENDED.
THAT’S WHAT YOU SAW WAS JUSTICE
THOMAS.
THEY BOTH MADE IT THROUGH THEIR
HEARINGS FAIRLY UNSCATHED.
THAT’S WHERE EVERYTHING BROKE
LOOSE AFTER THE HEARINGS WERE
COMPLETED.
SO, THE FACT THAT THESE HEARINGS
WILL LIKELY GO PRETTY WELL FOR
AMY CONEY BARRETT ISN’T THE END
OF THE STORY.
THEY DON’T HAVE A LOT OF
AMMUNITION.
THERE’S NOT A LOT OF GOODWILL
GIVEN HOW THEY HANDLED THAT
CONFIRMATION PROCESS TWO YEARS
AGO.
THAT REALLY UNIFIED NOT JUST
REPUBLICANS, BUT REALLY ALL
NONDEMOCRATS INTO THINKING THAT
WAS A REALLY UNFAIR SNEER
OPERATION.
AND SO, THERE’S NOT A LOT OF
PATIENCE FOR GAMEPLAYING OR WHAT
MIGHT UNFURL AS THE WEEK
PROGRESSES.
>> Bret: ONE OF THE BEST
OPENING SPEECHES MAY HAVE BEEN
SENATOR BEN SASSE, WHO PUT
EVERYTHING IN SCHOOLHOUSE ROCK
TERMS FOR THE EIGHTH GRADERS
WATCHING [LAUGHTER]
HE ALSO REFERENCED JUDGE AMY
CONEY BARRETT’S LAST APPEARANCE
IN SOME OF THE QUESTION SHE
RECEIVED.
TAKE A LISTEN PEERED >> THIS COM
BUSINESS OF DECIDING WHETHER THE
DOGMA LIVES TOO LOUDLY OF
SOMEONE.
THIS COMMITTEE ISN’T IN THE
BUSINESS OF DECIDING WHICH
RELIGIOUS BELIEFS ARE GOOD AND
WHICH RELIGIOUS BELIEFS ARE BAD
AND WHICH ARE WEIRD.
NONE OF THIS COMMITTEE CAN DIVE
INTO ANY OF THAT IN THIS CONTEXT
BECAUSE IN THIS COMMITTEE AND
THIS CONGRESS AND THIS
CONSTITUTIONAL STRUCTURE,
RELIGIOUS LIBERTY IS THE BASIC
TRUTH.
>> Bret: WE’LL SEE WHAT WE GET
OVER THE NEXT FEW DAYS, BUT PURE
POLITICS, HOW DOES THIS PLAY IF
IT GETS THROUGH?
HOW DOES IT PLAY AFTER THE
ELECTION?
>> WELL, YOU’VE GOT TO LIKE
THAT, WHICH IS BASICALLY THE
INVERSION.
THAT’S WHAT HE HAS BEEN SAYING
TO DEMOCRATS ABOUT ROBERTA McCAIN, WHICH
IS YOU WANT TO BRING UP RELIGION
QUESTION HIM OR HER SEVEN KIDS?
PLEASE DO, BECAUSE WE ARE WANT
TO ROAST YOU ALIVE IF YOU TRY.
AND THAT HAS BEEN WHAT PUBLICANS
HAVE BEEN PUTTING OUT IN FRONT
OF CORY BOOKER AND OTHERS WHO
WERE PRONE TO THAT AND SORT OF
HIGH SCHOOL THEATRICS WHEN IT
CAME TO THE PREVIOUS HEARINGS TO
TRY TO MAKE THIS EMOTIONAL.
BUT, TO HIS POINT, I DON’T THINK
FOR A LOT OF PERSUADABLE VOTERS
THEY COULD CARE.
I DON’T THINK THAT THEY CARE.
YOU TAKE OUT THIS CASE, YOU TAKE
OUT THIS MATTER FROM THE
ELECTION, I DON’T THINK THERE
ARE ANY PERSUADABLE VOTERS THAT
ARE AFFECTED.
I THINK THIS IS GOING TO BE
PRETTY MATTER-OF-FACT.
>> Bret: HE MANAGED TO GET THE
WORD JACK WAGON INTO HIS SPEECH.
THE POLITICAL FALLOUT, IT IS
SOMETHING THE PRESIDENT CAN SAY.
I SAID IT WAS GOING TO DELIVER
CONSERVATIVE JUDGES AND I DID
PEERED >> YEAH, I THINK HE
ALREADY HAD THAT ESTABLISHED
WITH THE TWO PREVIOUS NOMINEES.
I THINK, YOU KNOW, IT SHOWS THAT
HE STILL GOT POWER AND IT SHOWS
THAT HE IS STILL USING IT.
BUT I’M NOT SURE THIS IS THE
KIND OF, IF HE GETS HER THROUGH
AND WITHOUT SOME HIDEOUS
CONTROVERSY AROUSING UP THE LAST
MINUTE, I DON’T THINK IT ADDS
TOO MUCH TO THE STRENGTH OF THE
VOTERS.
I THINK IT COULD HAVE HURT HIM
IF HE DIDN’T MAKE THE
NOMINATION.
BUT HE DID.
AND SO, I THINK THIS IS PROBABLY
A WATCH POLITICALLY UNLESS THE
DEMOCRATS RAISE SOMETHING THAT
IS CONSIDERED DISGRACEFUL BY
MOST PEOPLE THAT HURTS