Judge Amy Coney Barrett told the Senate Judiciary Committee that she could not comment on pending cases before the Supreme Court in Obamacare or voter fraud because doing so would make her a “legal pundit.”
“I don’t think we want judges to be legal pundits,” she said.
Her statement came during the second day of her confirmation hearing to fill the Supreme Court seat vacated by the passing of Justice Ruth Bader Ginsburg last month.
Barrett was responding to questions by Ranking Member Sen. Dianne Feinstein (D-CA), who began by pressing Democrats’ argument that confirming Barrett would threaten Obamacare (also known as the Affordable Care Act).
Feinstein cited a law review article Barret published in 2017, in which she wrote that Chief Justice John Roberts had decided the 2012 Obamacare case, NFIB v. Sebelius, incorrectly:
Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute. He construed the penalty imposed