Judge Amy Coney Barrett used the second day of her confirmation hearing to take a firm stance on judicial independence.
Delaware Sen. Chris Coons, a Democrat, asked Barrett on Tuesday if she would recuse herself from any case before the Supreme Court that involved the Nov. 3 election between President Trump and Democratic presidential nominee Joe Biden. Barrett would “consider all factors” pertaining to an appearance of bias, she said.
“I certainly hope that all members of the committee have more confidence in my integrity than to think I would allow myself to be used as a pawn to decide this election for the American people,” she said. “What I will commit to every member of the committee, to the rest of the Senate, and to the American people is that I will consider all factors that are relevant to that question — relevant to that question that requires recusal when there’s an appearance of bias.”
In response to questioning from Vermont Sen. Patrick Leahy, also a Democrat, earlier Tuesday, Barrett said she has not and will not pre-commit to Trump or other officials on how she would rule in any given case.
“I have had no conversation with the president or any of his staff on how I might rule in that case,” she said. “It would be a gross violation of judicial independence for me to make any such commitment or for me to be asked about that case and how I would rule. I also think it would be a complete violation of the independence of the judiciary for anyone to put a justice on the court as a means of obtaining a particular result.”
Texas Sen. John Cornyn, a Republican, then asked Barrett if she would be willing to “make a deal” with any person or group that requires her to commit to ruling a specific way on the Supreme Court.
“I’m not willing to make a deal — not with the committee, not with the president, not with anyone,” she said. “I’m independent.”
