- Unfortunately, I noticed that after every series
of questioning on this side of the aisle,
you choose to editorialize and contradict
the points being made by this side of the aisle.
- I appreciate your input,
but they're not offered in an even-handed way.
And I just don't think it's productive.
- In the minority, we waited through Chairman's time --
when we had Republican chairs.
There will not be a separate set of rules for Democrats
in control of this committee.
- The reason she's always below the recommendation, I think,
is because she doesn't use the enhancements available to her.
She takes them off the table,
and I think that's a big mistake, Judge.
I think that every federal judge out there should make it harder
for somebody to go on a computer and view this filth.
- Senator, every person in all of these charts and documents,
I sent to jail because I know how serious this crime is.
The Supreme Court has tests and standards
that it's applied when it evaluates regulation
of the right of a woman to terminate their pregnancy.
The Court has announced that there is a right
to terminate up to the point of viability subject
to the framework in "Roe and Casey,"
and there is a pending case right now
that is addressing these issues.
- The Constitution doesn't mention
the word "abortion," correct?
- That's correct.
- Just like it doesn't mention the word "marriage," correct?
- That is correct.
- And so, as you and I discussed,
perhaps ad nauseam yesterday,
when we were talking about substantive due process,
this is one of those unremunerated rights
that the Court made doctrine or law
in creating a Constitutional right,
even though it's not explicitly mentioned
in the Constitution itself, correct?
- The Court has interpreted the due process clause
of the 14th Amendment to include --
-Right, we talked about substantive
due process yesterday.
- And I just want to say that I think you have a stamina
and a very good brain, and a real sense of empathy
has been communicated to me in these 15 hours.
- I'm prepared to not only support you,
but to let you know that I will be very proud and very honored
and very excited to support you.
- I know yesterday was a grueling day of questions.
I commend you for your poise, your endurance,
your thoughtful answers.
We heard some overheated claims yesterday
that your representation on Guantanamo detainees
somehow signaled your policy preference
with how the United States dealt with those detainees.
- Some of these crimes are terrible crimes.
Our Constitution is designed to ensure
that the government affords
due process to people who are being accused of crimes.
What it's about is ensuring that the government does
what is required in order to ensure all of our liberty.
- Is there anything you want to convey to them
about what kind of Supreme Court Justice
you would be if and when you are confirmed?
- What I would hope to bring to the Supreme Court
is very similar to what 115 other Justices
brought, which is their life experiences, their perspectives.
And mine include being a trial judge; being an appellate judge;
being a public defender;
being a member of the Sentencing Commission;
in addition to my being a Black woman,
a lucky inheritor of the Civil Rights dream.
- You were in my alma mater.
Harvard is currently being sued for its explicit --
and, in my view -- egregious policy
of discriminating against Asian Americans.
So, now, you're on the Board of Overseers of Harvard.
If you're confirmed, do you intend to recuse
from this lawsuit?
- That is my plan, Senator. - Okay.
- My regret is that in a hearing about my qualifications
to be a Justice on the Supreme Court,
we've spent a lot of time
focusing on this small subset of my sentences.
- Don't worry, my sister.
Don't worry.
God has got you.
And how do I know that?
Because you're here, and I know what it's taken for you
to sit in that seat.