Skip to main content

tv   Sen. Ernst  CSPAN  October 18, 2020 11:18am-11:33am EDT

8:18 am
there is an appearance of impartiality problem would be one for our justices involved to be considered under this statute. >> you think there might be a conflict and you would have to go through ms. barrett: -- anytime -- you're asking me to make a decision about whether i think myself and two people who are not yet my colleagues should recuse in that situation. an appearance was of conflict. i believe the fact that you would even bring forth a refusal >> thank you for being in front of us. welcome to day three. it has been quite a day. because we have so many members that have been busy talking over you and interacting, partying me for -- pardon me for
8:19 am
interrupting you, telling me their time is more important than hearing your answers. if there is anything you would like to further explain, i would like you to explain at this time. >> the only thing i want to clarify insofar as the center is suggesting, i think the work some of the justices may have done on bush v gore is reason to recuse but it is not what i meant. i meant that in every case, judges have an obligation to consider the issues and may conclude no. saying was not to take a position and i want to make that clear. >> thank you for taking the time. over the past number of weeks since you were nominated, certainly since the hearing began, there has been a lot of discussion about the legacy of was bader ginsburg, who
8:20 am
really a trailblazer. democrats claim that you would not be an adequate replacement for justice in spirit because you do not march in lockstep with her judicial philosophy. the way i see it, how -- you are both trailblazers and both accomplished professors. respected and revered and with strong endorsements from the left in the right and you are both amazing and both served in private practice. ofe you, she was a woman strong religious faith. you both have a very impressive track record on the judicial bench. asking women to march in lockstep with one philosophy is exactly the wrong kind of message that we should be sending to women, especially to young women. what i often hear from the left, many of us on the right, senator
8:21 am
blackburn hears this, many others hear this, that because we do not hold the same views that those on the left to do, we should not be serving in the roles we are in. that is what the left is projecting on you. it is because you are not lockstep with what they want to see in their nominees. that you are not worthy of serving on the bench. i do not believe that. i do not believe that. that should not be a litmus test for the supreme court and it should not be a litmus test for any woman in any job. any woman in any job. diversity of thought and an ability to pursue her dreams is exactly what the women trailblazers of the past fought for. if suffragettes had not been willing to go against the men of their time, certainly none of the women sitting here would
8:22 am
have the opportunity to question you today. what would you say to those who claim you are not an adequate replacement for ruth bader ginsburg because you do not with herlockstep judicial philosophy? i think judicial philosophy is inappropriate and important topic for this committee to explore the hearing and i think each senator has a responsibility when a nominee comes before you to ask what the judicial philosophy is. i think disagreeing with the judicial philosophy that i or another nominee had, is perfectly understandable grounds for voting no because you may have a different vision for what a justice or judges to do so i have no problem with that. it is how senators on this midi have viewed their role.
8:23 am
on philosophical grounds, i that is what part of this hearing should be about. i think there is room on the court. i do not think it is just in terms of women but for all members of the court, there is room for different approaches in the constitution and they should not be broken down into partisan boxes because judges are not .artisan they get appointed and confirmed by political branches, but judges do not have campaign platforms and a number of times through the hearing, judges should stay out of politics. these philosophies are not designed to yield particular results. is room for different philosophies.
8:24 am
different ways of thinking about it, sometimes, you have the same result and it is not necessarily , one being a pragmatist and one being originalist, june -- do not get up in the same place, they may just get there in a different way. would identify -- identify as originalists. they could start up at the same place and i would suspect they would end up in different places and i would give examples of that. forink it is healthy different approaches to the constitution and to have debates . >> i appreciate the answer. as we have sat through these discussions, i've heard a number of my colleagues bring up toferent descriptive words describe you.
8:25 am
i would like to review a few of those right now. humility, dignity, independent, exceptional. i think you are exactly what we atuld embrace, and as i look future generations of men and women ath might -- that might want to serve on our supreme court, i hope that they would espouse those attributions as well. and, while we have this national stage, i would like you judge barrett to share some grains of wisdom for those future generations. what advice would you offer to those who are just now embarking on their legal career, and how should they define success and find motivation to, you know "leave their best on the field," if you will at the end
8:26 am
of each day? judge barrett: i think. i love the practice of law. to know, some professors go the academy because they do not enjoy practice that much. i really enjoyed practice and when i went to the academy o.ally enjoyed that to especially when you are beginning a legal career, you write an early stage in life and you have fewer family obligations and maybe more energy. i guess i would just say, live life to the fullest. seize all the opportunities you have and do your best. but, at the same time, never let otherrowd out all of the precious things in your life like friends and family and faith and exercise. i had a law professor who told first years who were very anxious about exams to make sure you gave yourself time to take a run or go work out. i think all of those things that
8:27 am
make up our lives apart from work cannot be shoved aside. at the same time, however, you should seize opportunities and pursue them while keeping in mind your whole person. sen. ernst: the whole person, thank you. when we sat down, judge barrett, i told you about my daughter libby. .he's studying pre-law right now. and she sent me a text this morning as we were in this room. an articled, "i have on judge barrett." we had this discussion of fisking a while back. i had to ask her what it was. and i googled it to make sure i had the right definition. but fisking, the the of shredding a written argument sing theline, parasi
8:28 am
meaning and providing counterpoints. their instructor provided the class different articles about you, and they have to go through no and fisk the article. and she said. here is the whole text "i have to fisk an article on judge barrett and honestly what an amazing woman." that just want to share little bit of encouragement that, while there may be others on this committee that disagree, i would share with you that there are thousands upon thousands of young women out there that see the role that you set and have went through all of those -- i went through all those descriptive words that my fellow members have shared to the course of these hearings, but those thousands and thousands of young woman that as. someone they can
8:29 am
aspire to be she isn't a very diverse group of friends, they are racially different. they are religiously different. but they are all young warriors, all of these young women. but they are very excited to have you in front of us. i would say that many of her friends are not republicans. they would affiliate more with democrats as well. but they do see you as someone they can aspire to be. so, thank you so much first setting such a great example for women of all different thought processes, and what words of encouragement would you like to share with the young woman like my daughter libby. judge barrett: i think i would e --to be confident, to b one thing i have often told my own daughters is that you should
8:30 am
not let life just happen to you, or lead you along. you should identify where your objectives are and identify the type of person you want to be and make deliberate decisions to make that happen. my dad used to tell us not to make a decision is to make a decision. make decisions. be confident. know what you want and go get it. sen. ernst: that is fantastic. and, you know, i have four tene ts i live by or pillars of success. andership, service, -- gratitude. so, i would like just to give you a couple of minutes. you have already stepped into a few of those. you talked about service and what it means to serve your nation. and you actually went through t risk in deciding to subject you and your
8:31 am
family to this process and decided for the greater good. i want to give your moment to express some gratitude as well for those that have helped you get where you are today and share may be how they mentor do you along the way. judge barrett: sure. was probably, as so many people my parents are that i -- for the ones i have to express so much gratitude for. they've encouraged me every step of the way. they have encouraged me and loved me and shaped me and giving me the values that i have. now that i have my own family and my own children and they have helped me by supporting me with my children and reinforcing what they taught me. my professors in law school. we heard the other day from 'hara who was gracious enough to introduce me. i had so many wonderful professors when i was in law
8:32 am
school. i had so many wonderful colleagues when they joined the faculty. when i was in practice i had so many lawyers that i learned from so much. and we talked at great length about justice scalia, the judges for whom i worked. i got to say it takes a village to raise a child and i think it takes a village to mentor anyone into who they become as an adult. so, i'm very grateful for the whole village i had that brought me to this point. ker: mr. chairman, thank you very much. your honor. judge barrett: i'm good. you? sen. booker: i'm sure part of that smile is that i'm am the second to last democrat. i want to jump right in because i actually found some of your oesponses to senator hiron really compelling around the public charge issue and that you dissented in the case and if i can read

32 Views

info Stream Only

Uploaded by TV Archive on