Judge Amy Coney Barrett stood up to hostile questioning on Wednesday morning by Sen. Dick Durbin (D-IL) about her dissent in the Kanter v. Barr case last year, after he falsely claimed that she had described the right to vote as “secondary.”
Durbin began by challenging Barrett’s claim to follow the text of the law and the Constitution. “You style yourself an originalist, textualist, factualist, whatever the term is,” he said, before asking her if the president could, theoretically, delay the election.
Barrett cited the 14th and 15th Amendments to the Constitution, but said that she could not answer hypothetical questions.
“It strains originalism, if the clear wording of the Constitution establishes a right and you will not acknowledge it,” he said.
“Well, Senator,” Barrett replied, “it would strain the canons of conduct, which don’t permit me to offer off-the-cuff reactions or any opinions outside of the judicial decision-making process. It would