***Live Updates*** Amy Coney Barrett Confirmation Hearings Continue


Stay tuned to Breitbart News for live updates.

All times Eastern.

9:23 AM: Feinstein questioning Barrett on severability (Medicaid expansion and Scalia’s dissent in NFIB v. Sebelius) and to comment on Scalia’s dissent. Barrett says the issue would be different in the case coming up before the Supreme Court because Scalia thought two provisions were unconstitutional compared to one. She says the current case is about a different provision because Congress zeroed-out the mandate. Feinstein says she is “really impressed” with Barrett’s answer on severability.

Feinstein says some have argued that Medicare is an unconstitutional exercise of the spending power, and she asks if she agrees with originalists who believe Medicare is unconstitutional. Barrett says she is not familiar with the professor’s article that Feinstein cited so she can’t comment. Feinstein asks the same question, and Barrett says it is not a question she has considered before.

9:16 AM: Graham asks if there is a constitutional right to a polygamist relationship, and Barrett says that’s a case someone could litigate down the road. Graham then says Barrett can’t comment on cases that could come up before the Court. He says Barrett could comment on Brown because there aren’t cases being litigated about jurisdictions wanting to go back to the “good ol’ days of segregation.”

9:09 AM: Graham asks Barrett about the doctrine of severability. She says it is one of statutory interpretation….She says if there is one provision within the statute is unconstitutional, the question is whether it can be severed or if it is so unconstitutional that the statute falls like a house of cards.

Graham asks if the presumption is in favor of severability, and Barrett says it is.

Graham says Barrett is every bit in the league of other justices and her life experiences will round out the court. He says Barrett will inspire a lot of young women just like Justices Ginsburg, Kagan, and Sotomayor did. But he says the women Barrett will inspire don’t have a lot of role models in today’s media environment.

9:05 AM: Graham kicks off the third day of hearings. Senators will have up to 20 minutes to ask another round of questions. He says he thought yesterday was a “productive day,” and he hopes to be done before dinner tonight. Graham says Harris suggested last night that Barrett is “not candid,” and he says he could not disagree more. Graham speaking about efforts in the liberal world to marginalize conservative and women of color, especially when they are pro-life. Graham says he has never been more proud of a nominee than he has been of Barrett.

“This is history being made,” Graham says. “This is the first time in American history we’ve nominated a woman who is unashamedly pro-life.”

8:50 AM: Day three of hearings begins at the top of the hour.