to be sure.d klobuchar -- sen. klobuchar: did did you this beyond -- say that he push this beyond the meaning to say the statute? judge barrett: i don't attack people, just ideas -- it's designed to make a comment about his reasoning in that case, which i said before is consistent with the way the majority opinion characterized it as a less plausible reading of the statute. sen. klobuchar: so you did not agree with his reasoning that upheld the affordable care act? judge barrett: is this king versus burwell? sen. klobuchar: it was versus sibelius -- i will get to king versus burwell and a second. judge barrett: what i said was the interpretation that the majority adopted construing the mandate to be a task rather than a penalty was not the most natural reading of the statute. sen. klobuchar: you also criticized, as you pointed out by bringing up king the burwell, another case where the court ruled in favor of the health law , this was in a national public radio interview, you acknowledged the result of people being

klobuchar: out to the farm to meet tammy.t is good we are enjoying it. >> back to your road trip senator baldwin, i hope you have cheese curls in your near future in wisconsin. sen. klobuchar: cheese kurds. we like them fried, but yes. very good. klobuchar,enator thank you for being with us and we hope we see you here soon. sen. klobuchar: i plan on coming back. maybe not in a car, but i will return. thank you, karen. karen: thank you very much. we have much more of the program coming up. my colleague, heather long, will be back shortly with the ceo of the national association of manufacturing. please stay with us. >> how does america take the next step back to the workplace in wisconsin? we have worked closely with businesses to find answers in technology, technology that analyzes and secures work environments across multiple industries. hoping to monitor building occupancy, improve air quality, and deliver emergency notifications, holistic solutions to give you and your employees greater peace of mind. so when the time is r

klobuchar: sibelius.ge barrett: what i said was that the interpretation that the majority adopted construing the mandate to be attacks rather -- to be a taxc rather than a mandate -- to be a tax rather than a mandate was a less plausible reading. sen. klobuchar: you acknowledge that the result of people being able to keep their subsidies under the affordable care act was -- would help millions of americans, yet you praise the dissent by justice scalia, saying the dissent had the better of the legal argument, correct? judge barrett: of ing an academt you can speak for yourself and is different from the judicial making -- decision-making process. it is difficult to say how i would have decided that case if i had to go through the whole process of judicial decision-making i was describing this morning. now, having been a judge for three years, i can say i appreciate greatly the distinction between academic writing and judicial decision-making, but that a judge might look an academic and say, easy for you to

>> senator klobuchar: absolutely not. court of the land, and guess we have had virtual hearings. i helped to put them together, it's important to give senators that option, but you want to be able to go back and forth with this nominee. given her views on the affordable care act, given that she is clearly -- has clearly criticized justice roberts, who again, not exactly a blazing liberal, for upholding the a constitutional affordable character which allows people to keep their insurance when they got pre-existing conditions and she has criticized that, yeah. >> chris: but we are doing this -- senator, we are doing this virtually, so why can't you question judge barrett virtually? >> senator klobuchar: again, we believe you should have an in person hearing. that doesn't mean the virtual option wouldn't be available, but why would you ram -- i guess i turn the question around here, even though you could to ask the questions, why would you ram this through when we don't even have a covid package done to make sure that people

klobuchar: sibelius. judge barrett: what i said was that the interpretation that the majority adopted construing the mandate to be attacks rather -- to be a taxc rather than a mandate -- to be a tax rather than a mandate was a less plausible reading. sen. klobuchar: you acknowledge that the result of people being able to keep their subsidies under the affordable care act was -- would help millions of americans, yet you praise the dissent by justice scalia, saying the dissent had the better of the legal argument, correct? judge barrett: i did say that. yes. sen. klobuchar: would you have ruled the same way and vote with justice scalia? judge barrett: senator klobuchar, one of the plus sides or the upsides of being a neck adamic is that you can speak for yourself. -- of being an academic is that you can speak for yourself and opine, but it is different from the judicial making -- decision-making process. it is difficult to say how i would have decided that case if i had to go through the whole process of ju

write about politics and i want to thank you for joining us for our conversation with senator amy klobucharmember of the senate commerce committee and specifically the subcommittee that deals with manufacturing we are testing our technical capabilities here because she is joining us from a car in wisconsin where she is traveling with herin fellow senator and plenty of swing states this year. >> yes, i am in the car and i'm parked so there won't be like a moving background behind me but yes we are doing an event for vice president joe biden but i'm excited to be here today because there can be nothing more important besides moving the country forward and focusing on jobs in the economy and in a big way that includes manufacturing. >> we are here to talk about manufacturing but it also feels like we've had ten years worth of news in the last ten days so i've got to ask you how do you see the state of the presidential race right now and what are the prospects for taking back the senate? >> i think the last few days have kind of summarized the whole year to me and in so many ways the way the pr

klobuchar went at her several times on this. take a listen to what you just described. >> did you you have then a general understanding that one of the president's campaign promises was to repeal the affordable care act when you were nominated? >>> as i said before i'm aware that the president opposes the affordable care act. >> well i know you're aware now. were you aware back then? >>> well it seems. >> when you were nominated? >>> well senator klobuchar, i think that the republicans from kind of made that clear, it's part of the public discourse. >> just then is the answer yes, then? >>> well senator klobuchar all these questions you're suggesting that i have an animus or i cut a deal with the president. i was very clear yesterday that was not the situation >> do you think they'll come back on this again? >>> i do. it's a constant theme here and they may not be able to pin down judge barrett on how she would rule on the aca or she's indicated in the past that she would, or that she signaled how she's going to vote on the case

klobuchar: hello. i want to start out again by reminding our friends at home, people at home, that this isn't normal. we shouldn't be here right now. we are in the middle of a pandemic, and people are sick. we are in the middle of an election, and people are voting. and yet here we are, stuck in a nomination hearing. i know what my constituents care about, what they have been calling and writing me about. and that is they are afraid of losing their health care in the middle of the pandemic. people's lives depend on the affordable care act like steve, a senior from minnesota who has a heart condition and relies on his prescription medication. emily from minneapolis, her mom was diagnosed with breast cancer. janet from rochester whose brother has a mental illness. or christie, a mom from bloomington whose daughter had a tumor. that is what is on the line. health care is on the line and judge, that is what is on the line in your nomination hearing which unfortunately has been procked in the middle of this

senator klobuchar joins us live next. stay with us. senator klobuchar next stay with us these folks, they don't have time to go to the post office they have businesses to grow customers to care for lives to get home to they use stamps.com print discounted postage for any letter any package any time right from your computer all the amazing services of the post office only cheaper get our special tv offer a 4-week trial plus postage and a digital scale go to stamps.com/now and never go to the post office again! my hands are everything to me. but i was diagnosed with dupuytren's contracture. and it got to the point where things i took for granted got tougher to do. thought surgery was my only option. turns out i was wrong. so when a hand specialist told me about nonsurgical treatments, it was a total game changer. like you, my hands have a lot more to do. learn more at factsonhand.com today. >>> you don't have to be a lawyer or a senator to figure out where this nominee is coming from. despite my colleagues' comments from the other side o

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klobuchar: ok. the 2017 university of minnesota law school journal that we just discussed, one of the things you said is that there is a risk that faction can run away with the legislative process but there is also a risk that a faction will conscript courts into helping them win battles they have already lost fair and square. is that something you wrote in that article? judge barrett: i did, i was responding to an argument made by randy barnett in his book. is what i'mar: that afraid has happened. they have tried 70 times, the republicans of congress, to overturn obamacare. and now they are bringing this case to court and you are going to be sitting on the court. very hard to believe that you didn't understand that when you wrote the article. there's one other piece of this, and that is the effect on the economy. we all know this has been very difficult, my colleagues know this. according to one study, more than 800 businesses have closed every day, 30 million people are out of work at the height o

klobuchar who was effective questioning today asked a simple question. is voter intimidation illegal? here's what happened. >> so, as a result of his claims people are trying to get poll watchers. especially forces people to go to the poll. under federal law is it illegal to intimidate voters at the poll? >> senator klobuchar, i can't characterize the facts and the hypothetical situation. and i can't apply the law to a hypothetical set of facts. >> i'll make it easier. out laws anyone who intimidates, threatens, coerces or attempts to intimidate threaten or cohearse any other person for the to vote. this is a law that has been on the books for decades. do you think a reasonable person would feel intimidated by the presence of armed civilian fwrups at the poll? >> that is eliciting. just an upon as a citizen. but it's not something really that is appropriate for me to comment on. >> would a reasonable person be intimidated by armed gunmen standing at the poll? it's only annoying if you think they know the answer. >> it's almost like trump is telling her s

>> senator klobuchar, i think that is a question for the political branches. >> okay. that's your right to answer in that way. beyond this immediate election, i want to turn to the supreme court's critical role when it comes to the right to vote. this area where justice ginsburg was such a champion. senator durbin went over your dissent after length in cantor v. barr where you drew a distinction between individual rights and civic rights and you wrote that historically felons should be disqualified from exercising certain rights like the right to vote and to serve on juries. so my question is this. actually this next line where you said these rights belonged only to virtuous citizens. what does that mean? >> senator, i would need to look at the article to clarify but as i'm sitting here i don't think i said felons should lose voting rights. i think what i was talking about is -- >> could. it wasn't an article just to be clear. right? this is your dissent. >> sorry. my dissent. >> yeah. in cantor v. -- >> you are right. >> disqualified from exercising certain rights lik

>> senator klobuchar, you know, that is eliciting. i'm shnot sure about illicielic opinion or just an opinion as a swin, but not something appropriate for me to comment on. >> okay. here the one i think is, selection of election, electoral college electors. you know that each state has laws that dictate how elector college electors are selected. supreme court some smiley b. holm ruled the minnesota state legislature could not change election rules unilaterally. do you agree that the unanimous opinion in smiley v. holm, never questioned by any other supreme court case is settled law? >> i'll say two things about that. first of all i was not aware of that case. you've taught me something. secondly, i can't comment on the precedent, give thumbs up or thumbs down in justice kagan's word. >> end there with precedent. a good way to end here. so you wrote in your 2013 texas law review article that you tend to agree with the view that when a justice's best understanding of the constitution conflicts with supreme court precedent or case law it

amy:y: senator amy klobuchar ququestionining judge e amy cony barrett. after dinner break, democratic vice presidential nominee senator kamala harris focused part of her time to barrett's past comments attacking the supreme court's decision on roe v. wadade. harris co. you sign your name to -- describing roe v. wade as "an exercise of raw judicial power" and cacalls for puputting "an eo the barbaric legacy of roe v. wade." you sendnd a similarar add in 23 "infamous"bes roe as and expressed opposition to abortion. also in 2013, you wrote an article about supreme court precedent in whichch you would have wrote from a list of well-settled caseses that you sd "no justice would overrulule evn if she disagrees." suggesting of course you believe roe is acceptable to being overturned. on the 40th anniversary o of ro, you delivered a speech when she said the court's recognition of the right to choose would "create through judea judicial -- judicial fiat rather than the constitution." during her tenure on the seventh circuit cocourt of appeaeal, you have been will

senator klobuchar, i've been reading it all day. it's going to be one of my important resources on election night. >> great. >> checking exactly -- exactly which states have already been counting their ballots so we know that they might have a chance to report that night. i mean, florida, for example, is one of those. they're allowed to start counting mail-in ballots before election day so that combined with the election day results, you know, by 11:00 p.m., if it's not too close, they might be able to tell us what's happening in florida. what else do we need to know as voters as election day approaches and as getting the final results might be much more complicated than they have been in the past? >> sure. i also want to give credit where credit's due. i did that report along with my friend senator bernie sanders and tammy buduckworth, martin heinrich and chris murphy. we did it as a group. we think it's really important to look at three things. one, people should continue voting early. with covid rising, go vote in person, drop yo

and yes, senator klobuchar, i do take this personally.epeal the. he said that. he is at the supreme court right now asking them to strike down that law. if that happens, if i lose my insurance, i will get that $54,000 will. i can't afford that. i am here to tell you if we elect joe biden, we will have an ally in the white house instead of an adversary. [honking] he will make health care available to more americans than ever before. instead of repealing the, he will build on it. he will add a public option to expand coverage and he will lower prescription drug and other health costs. minnesotans are already voting in record numbers. yet.he job is not done with so much at stake, we cannot afford to be complacent. i cannot relax. until we are certain every minnesotan has done their job and cast their ballots for joe biden and, harris. [honking] here is what i need you to do. if you haven't voted yet, goad do it today. go to i will vote.com/mn to fight and early voting site near you. and if you have an absentee ballot you haven't may yield --

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>> senator klobuchar, i think that's a question for the political branches. >> okay. that's your right answer in that way. beyond this immediate election, i want to turn to the supreme court's critical role when it comes to the right to vote. this area where justice ginsburg was such a champion. senator durbin went over your dissent at length in kanter v bar, where you drew a distinction between individual rights and civic rights. you wrote that historically felons should be disqualified from exercising certain rights like the right to vote and to serve on juries. my question is, this next line where you said these rights belonged only to virtuous citizens. what does that mean? >> senator, i would need to look at the article to clarify that as i'm sitting here i don't think i said felons should lose voting rights. i think what i was talking about is the 14th amendment. >> it wasn't an article, just to be clear, right? this is your dissent. >> sorry, my dissent. >> your dissent in kanter v. barr. felons could be disqualified from certain rights like the right to vote.

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senator klobuchar is a member of the senate judiciary committee.ks about the upcoming hearing on president trump's nominee to the supreme court. hello, i'mbuchar: senator amy klobuchar, i'm proud to represent minnesota in the united states senate. i know this week, a lot has been going on. a lot of the news has focused on americans at the highest level of government who have been infected with the coronavirus, including president trump, the first lady, and several of my senate colleagues. we wish them all a speedy recovery. but there are millions of americans who don't make the headlines who have been infected by this virus. who have gotten

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was sitting next on the dias because senator klobuchar was not in the room. obviously significant focus on the democratic side of the aisle on the affordable care act. we heard a lot of discussion about severability which i'll leave it to our legal experts to get into in more detail. but you heard the judge talk about the idea of severability as jenga, whether you could remove one piece and whether the whole law topples down. she was pressed as hard as we've seen her pressed on any topic by senator dick durbin on the questions of voting rights and the tension between her views on whether or not felons could have access to firearms versus felons who could have access to the franchise, that was an important exchange. then we saw the more broadly, nakedly political part of this confirmation process with senator cruz there at the end using this as an opportunity to go after sheldon whitehouse, i don't think they'll be exchanging christmas cards this year, and the federalist so the and other issues that tend to be catnip to judiciary committee members and the repo

we are talking to senator amy klobuchar. -- sort of lacked the time to properly reflect back on ruth bader ginsburg's life i assume as a fellow lawyer, she meant a great deal to you as a trail blazer in this field >> she did i mean, she was something -- someone that never gave up, you know, she was told women shouldn't go to law school -- she graduates one in her class she is told that she shouldn't argue cases in front of a supreme court because a man could get better decisions and she won five out of six. she ends up on the court as an icon into her 80's with her own hashtag, notorious rbg and i was reminded of this, my daughter actually went with me to a party and justice ginsburg was there. and we took a picture of the three of us and she came to me -- my daughter was like, her first year in college -- comes to me afterward, she goes, mom, i've got to put this on my facebook notorious rbg is so cool but i hope you don't mind, i cut you out, mom i cut you out of the photo [ laughter ] cause she's just so cool, but to thin

klobuchar: more than 40 states. some thing like 9 million votes have been cast. do you think it is faithful to our democratic principle to fill a supreme court vacancy this close to an election when people are still voting? senatorrrett: klobuchar, i think that's a question for the political branches. sen. coons: these are not normal times, as you know. there are members of this committee and senate who have been infected by covid as the president has an that's resulted in the senate being close this week. we are in the middle of a pandemic and we are just three weeks from an election, a presidential election in which folks are voting in more than 40 states, millions of votes have already been cast, and just a week after that election, the supreme court is going to hear a case that could take away health care protections for more than half of all americans. this is not an abstract, academic argument, this is one that will have real-life consequences. destroying the essential protections of the affordable care act which was enacted just more than a decade ago woul

senator klobuchar joins us next. (vo) i'm a verizon engineer and today, we're turning on 5g across the country. with the coverage of 5g nationwide. and, in more and more cities, the unprecedented performance of ultra wideband. the fastest 5g in the world. it will change your phone and how businesses do everything. i'm proud, because we didn't build it the easy way, we built it right. this is the 5g america's been waiting for. only from verizon. latonight, silence it with newd byzzzquil night pain. because pain should never get in the way of a restful night's sleep. new zzzquil night pain. silence pain, sleep soundly. scott wiener immediately went to work, making sure families could put food on their tables, defending renters facing eviction, securing unemployment benefits, helping neighborhood businesses survive. scott wiener will never stop working until california emerges from this crisis. the bay area needs scott's continued leadership in sacramento. because we know scott is fighting for all of us. re-elect scott

as senator klobuchar and others were eludie ining to, it is one of math. i agree, this is one of the times where the main story line is the main story line. democrats hoping there might be some way to really make this judge synonymous with losing obamacare, or as they put it, affecting people losing their own health care. that's a hard thing to do, because compared to issues of life and choice on the right, they've spent decades making those linkages. this is a shorter timeline, c trying to create pressure, where in some states, maybe the polling is such this judge suddenly does look negatively linked to this issue. it is hard to do in a short time. >> hallie jackson, is the trump campaign aware that a conversation -- and i assume i still have hallie jackson here. i want to make sure if we do. nevermind, i do not have hallie jackson. i apologize. shannon pettypiece, this is also your beat. your said the trump campaign is relieved they don't have covid. if this hearing turns into a proxy about the affordable care act and health care, is that much better? >>

judge klobuchar said a number of things about covid i agree with. she cited a bunch of painful stories in minnesota and similar stories could be told across the country. i agree with parts of her criticism of the mismanagement of covid by washington, d.c. i do not know what any of that has to do with what we are here to do today. huge parts of what we are doing in this hearing will be really confusing to eighth-graders. in andclasses tuning figuring out what we are here to do, and they have hurt as much as they have heard about 2009 finance committee debates about what should be in a reform package, i am blessed to have set not just on the judiciary but the finance committee. a lot of the discussions we have had today fit better in a finance committee hearing. i think it would be useful for us to pause and remind ourselves and to some of our civic duty to eighth-graders to help them realize what a president runs for, what a senator runs for, why judge barrett is sitting before us today and what the job as you are being evaluated for. if we could do

>>> senator klobuchar i have no idea and i suspect that if the article was published in january that i wrote it sometimes before the presidency shall election. and again, i want to stress i have no an imus to or agenda to the in order ford, your suggestion that this was an open letter to president trump, it was not. >> okay. in the 2017 university of minnesota law school journal one of the things you said is there is a risk that a faction will constrict courts into helping them win battles they have already lost fair and square. is that something you wrote in that article? >>> i did. i was responding to an argument made by randy barnett in a book, i don't know if it was the lost constitution or not. >> that is what i am afraid has happened. they have tried 70 times the republicans in congress to over turn obamacare. now they're bringing this case to the court and you are going to be sitting on the court. and i find it very hard to believe that you did not understand that when you wrote the article. so i want to -- there's one other piece of this and that is the effect on the economy,

senator amy klobuchar. if we could do, i felt like pretty aggressive. this is fine and i think judge barrett, handled it well. thought number three and get greg's thoughts overall and on this particular sound. >> did you have then a general understanding that one of the president's campaign promises was to repeal the affordable care act when you were nominated? >> hon. amy coney barrett: i, as i said before, i'm aware the president opposes the affordable care act. >> were you aware when you were nominated? >> hon. amy coney barrett: senator klobuchar, i think the republicans have made that clear to the public discourse. >> senator: is the answer yes now? >> hon. amy coney barrett: all these questions, you are suggesting i haanymous or cut a deal with the president, that isn't what happened. >> greg, thoughts? >> greg: what i don't like in general, you learn about a person in how they wield their power when they have it. if they have authority to treat you like crap and they do, they are a terrible person. but if you have the authority to hammer somebody

klobuchar: i am going to move on to google. but i am telling you right now that that is not what i am talking about, the cousins and the babies. i am talking about conspiracy theories and all the things that senators on both sides of the aisle know what i am talking about, and it has been throughout days. notle, mr. pichai, i have liked your response to the lawsuit and what has been happening. i think we need a change in competition policy, i hope i will be able to ask you more about it at the judiciary committee, and i think your response is not offensive, but defiant. you control almost 90% of all search engine queries, 70% of advertising markets. do you not see these practices as anti-competitive? senator, we see robust competition in many categories of information. , we are innovating, lowering prices and all the markets we are operating in. we are happy to engage in this discussion further. sen. klobuchar: one of your employees suggested that google was not dominant and add text, it was one of many companies in a highly co

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>> senator klobuchar, i just want to clarify. is this the constitutional commentary publication you and i discussed -- >> yes it is. but still a university of minnesota. >> just wanted to be sheer. >> again, did you say that, that he pushed the affordable care act beyond its plausible meaning to save the statute. >> i want to clarify you said that i criticized chief justice roberts, and i don't attack people, just ideas. just designed to make a comment about his reasoning in that case, which as i said before is consistent with the way the majority opinion characterized it as the less plausible reading of the statute. >> so you didn't agree with his reasoning in the case that upheld the affordable care act? what i said, and with king versus berwell and amy versus is a bilious. >> i'll get to king versus burwell in a second. >> what i said with respect to nfi bchlb sebelius, construing mandate to be attacked rather than a penalty was not the most natural reading of the statute. >> still the reading that justice roberts got to. now

we turn it over now to amy klobuchar. sen. klobuchar: thanks so much, sheldon. thanks, everyone. i mentioned these two in the hearing room, but these are our sisters from minnesota, mariah and evelyn. they both play on the softball team. one is a picture, one is a catcher. one was diagnosed early on with juvenile diabetes and one was not. my point here is it does not matter which one was diagnosed. they both deserve good health care. that is what really is at stake. despite my colleagues' comments from the other side of the aisle about how somehow this judge's decision are in some ivory tower and will not affect people's lives, they will. they will affect the lives of every single person in this country. and you do not have to be a lawyer or a senator to figure out where this nominee is coming from when it comes to the affordable care act. we know where she is coming from and the president knows it, too. he has made it very clear in tweets and statements that he wants the court that will overturn obamacare and he wants "count that is going to the ballots." he thinks this election

that doesn't make sense to me. >> laura: robert, senator klobuchar is a former prosecutor. but back to jonathan's point, these were for the most part lane questions. i might think durbin was as great as jonathan did. maybe a little bit at her but it's not exactly an all-star lineup to compare yourself t to. >> the question make sense given how much love from pants for bush, for bush's brother. we know the two of them are thick as thieves. that line of questioning was spot on. one of the interesting exchanges to me was with kamala harris where she was attacking judge barrett for ruling on behalf of corporations against employees. she was counting up statistics as to the ruled in favor of this constituency this many times in this one that many times. it was a perfect revelatory moment of the differences in what judge barrett think she's doing when she sitting on the bench and what senator harris thinks she should be doing. i looked at those opinions. all judge barrett is doing is applying the federal arbitration act. it's a federal statute that requires judges to basically gi

senator klobuchar tried to spin barrett's nomination as some corrupt bargain. >> did you have a general understanding that one of the president's campaign promises was to repeal the affordable care act when you were nominated? >> i'm aware the president opposes the care act. you're suggesting that i have animists or that i cut a deal with the president. that isn't what happened. h >> laura: amy is mad she's not up there, she's not going to the court. another swing and a miss. hearing full of grandstanding buffoonish senators and it wouldn't be complete without spartacus creating another unserious spectacle. do you think it's wrong to separate children from their parents to deter immigrants from cominghi to the united states. >> it's been a matter of policy debate. >> we are debating things, basic questions of human rights. i'm sorry we can't have a simple affirmation of what i think most americans would agree on. >> laura: senator chris coons tried to tarnish the reputations of barrett and the late justice scalia. >> justice scalia's philosophy is significant but i also think you've mad

klobuchar, youor are making the point i am trying to make. the dormant commerce clause does impact people's lives and local forms of government. -- and in fact impact did in fact impact the formation of this country. it was the economic fall canonization during the articles of confederation that led to the need for the commerce clause to begin with. there are some questions as to whether or not the courts ought to have the power to create a private right of action to enforce it, or whether that should have been created by congress, which we have the power to do. regardless -- dormant commerce clause together, and we will incorporate the antidiscrimination dormant clause jurisprudence and make it law once and for all rather than a judicial creation. i would love to do that. the point is, this one matters, too. it has not yet become a subject of political tugs of war based on fear mongering, based on fundraising by politicians in both parties. yet, there are a lot of similarities there. this is what we have reduced the courts to. , this is the

klobuchar, youor are making the point i am trying to make. the dormant commerce clause does impact people's lives and local forms of government. -- and in fact impact did in fact impact the formation of this country. it was the economic fall canonization during the articles of confederation that led to the need for the commerce clause to begin with. there are some questions as to whether or not the courts ought to have the power to create a private right of action to enforce it, or whether that should have been created by congress, which we have the power to do. regardless -- regard this as uncontroversial, we ought to do it. dormantn a commerce clause together, and we will incorporate the antidiscrimination dormant clause jurisprudence and make it law once and for all rather than a judicial creation. i would love to do that. the point is, this one matters, too. it has not yet become a subject of political tugs of war based on fear mongering, based on fundraising by politicians in both parties. yet, there are a lot of similarities there. this

>> well, senator klobuchar, i think that the republicans have kind of made that clear.s been part of the public discourse. >> but is the answer yes then? >> senator klobuchar, all these questions with you're suggesting that i have animus or that i cut a deal with the president, and i was very clear yesterday that that isn't what happened. that's a matter of policy on which i can't express a view. [laughter] >> to me, that's a fundamental part of our democracy. >> if you're asking me whether i was nominated for this seat because i worked on bush v. gore for a very brief period of time as a young associate, that doesn't make sense to me. >> i'm just, i just think it's such a coincidence and that the pluck has the right to know that now three of these justices have worked on the republican side related to a major presidential election. >> reporter: some democrats, though, are disturbed that judge barrett won't divulge her own personal political opinions on matters that could come before the supreme court. barrett's persistence to remain unbiased has us frustrated some demo

to amy klobuchar and the democrats upset this hearing is happening so close to an election, why aren'tou upset? about the censorship? oh, that's right because the censorship benefitted the democratic presidential candidate. i find that rich. in the hearing jack dorsey was asked about this: why would twitter flag a post from the president of the united states about mail-in ballots but allow tweets that glorify violence against israel by iran's ayatollah? that remained untouched on the site. and the man with the beard in austin, texas, he just said, well, one is a violation of our terms of service. they ought to be worried about the democrats, elizabeth warren wants to break up these companies. they will get it from both sides. >> harris: yes. when you say terms of agreement, the way that they run their service, leslie, i forgot about that conexampone example. is it the messenger or the message? >> it comes down to choice. twitter chooses what they put out and they can. there are minimal regulations in place for twitter and facebook. >> harris: should they allow that 230 protection? >> i

when they return, we expect minnesota democrat amy klobuchar to be the next questioner. tomorrow, the committee will hear from additional witnesses in support and opposed to the nominee. the judiciary committee will vote on her nomination without a week. a final vote with the full senate is expected after that. and if you missed any of this process from president trump's announcement in the rose garden to this hearing, you can access it all at c-span.org. you will also find the archival supreme court confirmation hearings. we'll take you now back to 214 hart building on capitol hill. as you see, the family has back into the hearing room. the afternoon session is about to begin. live coverage here on c-span.

guest: we are going to continue with chairman blunt and ranking member amy klobuchar, the rules they put in place when covid started. there is an option for the committee to function in one of three ways. in person, virtual, or a hybrid number which gives individuals and witnesses, members and witnesses, the option of attending the hearing in person or virtually. we have had 125 hybrid hearings in the senate since this took place. 21 have been judiciary committee. that is the hybrid model, what we will use for the hearings next week. they begin on monday, they will finish on thursday. we will then begin the process of voting her from committee. we will take the final vote to move her to the floor for consideration on the 22nd. a few days later you are going to have the vote to confirm her to the court. it will be done the last week of october. host: did you get a chance to meet with her? what did you talk about? guest: yes, i talked to her about agency overreach and campus free speech. i really believe it is a growing issue. i hear from so many parents in tennessee who are very conce

one example that has been pointed to -- senator klobuchar just pointed to it. senator harris pointed to it. abraham lincoln. we are told that honest dave, founder of the -- honest abe, founder of the republican party show the example on why we should not proceed. it is worth noting that example misses a lot of the story. 1864, 27incoln, in days before the election, chief justice roger tani passes away. he had been the author of the infamous dred scott decision, and abominable decision of the supreme court. suddenly there was a vacancy 27 days before the election. senator klobuchar and senator harris pointed out the fact abraham lincoln did not make a nomination in those 27 days. what both of them omitted was the senate was not here. the senate had left. they had gone home. this was not the age of jet travel over the age of community every weekend -- commuting every weekend on a united flight. the senate would not return until december. there was no senate physically present to confirm that nominee. when the senate did return in december, abraham lincoln nominat

we are going to continue with the rules committee, chairman blunts and ranking member amy klobuchar put in placement covid started. which is, there is an option for the committee that can function one of three ways. in person, virtual or a hybrid, which gives individuals and witnesses, members and witnesses the option of, attending the hearing either in person or virtually. we have had a 125 hybrid hearings in this senate since this took place, 21 of those have been judiciary committee. that is the model, the hybrid model. it is what we will use for the hearings next week that begin on monday. they will finish on thursday. we will then begin the process of voting by committee. we will take the final vote to f move her to the floor for consideration on the 22nd. then a few days later you will have the vote to confirm her to the court. we'll be gone the last week of october. selected to get a chance to meet with her? has she made the rounds? what did you ask about? >> yes, i talked about some of the issues, executive overreach, agency overreach, also campus free speech. which i really bel

. >> bret: one of the interesting question exchanges was with amy klobuchar about super precedent.ent? >> super president is used differently. the way i was using it in the article you're reading from is to define cases that are so well-settled that no political actors and no people seriously push for their overruling, as richard fallon from harvard he said, roe is not a super president because calls for its overruling has never seized but that doesn't mean roe should be overruled. it just means that it doesn't smell in the fall handful of cases like marjorie versus madison and brown versus the board that no one questions anymore. >> bret: again, very well briefed. that was about roe v. wade and whether it was a super precedent. obviously, that's going to come up again with democratic questioning. >> she handled that challenge very well from senator klobuchar. because there is so little drama about the likely outcome here. i've been paying attention to each side, how they are using their time, particularly on their side, make a few points to play to their strength in the election.