Sen. Lisa MurkowskiLisa Ann MurkowskiGOP clears key hurdle on Barrett’s Supreme Court nomination, setting up Monday confirmationSenators battle over Supreme Court nominee in rare Saturday sessionMurkowski says she will vote to confirm Barrett to Supreme Court on MondayMORE (R-Alaska) just before the Senate vote to confirm Amy Coney BarrettAmy Coney BarrettSenate Democrats hold talkathon to protest Barrett’s Supreme Court nominationI know what illegal abortion looks like, does Amy Coney Barrett? Democratic senator votes against advancing Amy Coney Barrett nomination while wearing RBG maskMORE to the Supreme Court predicted the Trump nominee will not vote to overturn Roe v. Wade, the landmark case establishing a right to an abortion, once she is on the Supreme Court.
I dont see her overturning the decision in Roe v. Wade, based on based on the weighting of the reliance factors, Murkowski, a GOP moderate who is voting for Barrett, said Monday evening.
I believe, I believe, that given how she outlined, not only to me but how she spoke to the issue of reliance when she was before the committee, I believe that she will look at that and weight that in any matters, in any cases that come before her that take up Roe v. Wade, she explained.
Murkowski is viewed as a pro-choice senator but she has supported some restrictions. She does not support using federal funds to pay for abortion or late-term abortions.
While I support a womens right to make her own reproductive choices, that support is not without limits, she said earlier this year.
Murkowski was one of two Republican senators, along with Sen. Susan CollinsSusan Margaret CollinsSenate Democrats hold talkathon to protest Barrett’s Supreme Court nominationTrump autographs pumpkin at Maine campaign event: ‘It’ll be on eBay tonight’Trump makes rare campaign stops in New England in closing stretchMORE (R-Maine), who said the Senate should not confirm President TrumpDonald John TrumpFox News president, top anchors advised to quarantine after coronavirus exposure: reportSix notable moments from Trump and Biden’s ’60 Minutes’ interviewsBiden on attacks on mental fitness: Trump thought ‘9/11 attack was 7/11 attack’MOREs nominee to replace late Justice Ruth Bader GinsburgRuth Bader GinsburgSenate Democrats hold talkathon to protest Barrett’s Supreme Court nominationDemocratic senator votes against advancing Amy Coney Barrett nomination while wearing RBG maskGOP clears key hurdle on Barrett’s Supreme Court nomination, setting up Monday confirmationMORE before the Nov. 3 election.
Murkowski on Monday said she spent about an hour and twenty minutes meeting with Barrett and asking her about her judicial philosophy. The Alaska Republican said she wanted to hear the nominees views of precedent and the importance of reliance, a legal term referring to how individuals come to rely on standing interpretations of law.
Murkowski also said she noted to Barrett that she was 14 years old when the Roe decision was made.
She said she talked with Barrett about what that means to overturn, potentially overturn something, that generations of women are relying on.
Theres no doubt in my mind that she has the intelligence to be a strong justice and clearly is a brilliant jurist, Murkowski said. That may be what scares some but I think we want to have justices that have an extraordinary grasp and understanding of the law, which she currently does.
Other Republicans have different views of how Barrett may rule on a challenge or potential curtailment of Roe v. Wade, such as Sen. Josh HawleyJoshua (Josh) David HawleyInfrastructure, energy investments urgently needed to create U.S. jobsJustice Department charges Google with illegally maintaining search monopolyConservatives seize on New York Post story to push Section 230 reformMORE (R-Mo.), who insisted that Trump nominate a judge to the Supreme Court with a record of skepticism toward Roe v. Wade.
Hawley has since said he is very pleased with Barrett joining the high court. He praised her Monday afternoon as an individual who has been open in her criticism of that illegitimate decision Roe v. Wade.
Murkowski, when asked about the differing views of the nominee, replied: This is why its so important that we as individual senators take the time to not only read [but] to listen and to ask questions in ways that may be different.
Perhaps how [a question] is asked is equally important, she said. I think if you were to ask Judge Barrett for a document that you could point to that says clearly that she would vote to overturn [Roe v. Wade,] she would say youre not going to find one.
Murkowski noted that Barrett signed an advertisement in the South Bend Tribune in 2006 that called for the overturning of the barbaric legacy of Roe v. Wade but also pointed out she did so as an individual, not as a judge.
Fairly weighting and evaluating, I believe she wont vote to overturn Roe v. Wade, she reiterated.
Murkowski also said she does not think Barrett will rule to strike down the 2010 Affordable Care Act after it comes before the Supreme Court on Nov. 10.
Based on so much that I have heard, so much that I have read, so much that has been debated, I believe what were going to see is this issue of severability, where the ACA will not be thrown out, she said.
Barrett testified before the Judiciary Committee earlier this month that the concept of severability, under which parts of a law can be ruled invalid without striking down the entire law, is well established.
“The presumption is always in favor of severability,” Barrett told Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamGraham dismisses criticism from Fox Business’s Lou DobbsTexas and North Carolina: Democrats on the verge?Trump expressed doubt to donors GOP can hold Senate: reportMORE (R-S.C.).
When Graham asked for clarification that the main thing” was that justices recognize a “presumption” to save an underlying law, Barrett replied: “That’s correct.”
Barrett gave little indication during her confirmation hearings about how she viewed Roe v. Wade, however.
When Sen. Dianne FeinsteinDianne Emiel FeinsteinDemocrats to boycott committee vote on Amy Coney Barrett’s Supreme Court nominationThe Senate should evoke RBG in its confirmation of Amy Coney BarrettThe Hill’s Morning Report – Sponsored by Goldman Sachs – Pelosi, Mnuchin push stimulus talks forward, McConnell applies brakes MORE (D-Calif.) asked Barrett if she agreed with the late Justice Antonin Scalias dissent in Planned Parenthood v. Casey or his view that Roe v. Wade was wrongly decided and should be overruled, the nominee declined to answer.
If I express a view on a precedent one way or another, whether I say I love it or I hate it, it signals to litigant I might tilt one way or another in a pending case, Barrett said.