Amy Coney Barrett Refuses to Say She’d Recuse from Trump Election Cases: ‘Gross Violation of Judicial Independence’

Supreme Court nominee Amy Coney Barrett declined to say whether she would recuse from cases related to the 2020 election or the Affordable Care Act, saying that any commitment prior to her confirmation would constitute a “gross violation” of judicial independence.

“I have had no conversation with the president or any of his staff on how I might rule in that case,” Coney said in response to a question from Sen. Patrick Leahy (D-VT). Leahy was the first senator on Tuesday to ask Barrett how she might rule on the ACA or election-related matters.

“It would be a gross violation of judicial independence for me to make any such commitment, or for me to be asked about that case and how I would rule. I also think it would be a complete violation of the independence of the judiciary for anyone to put a justice on the court as a means of obtaining a particular result,” Barrett added. “The questionnaire that I filled out for this committee makes clear that I have made no pre-commitments to anyone about how I would decide a case. That’s out of respect for article 3, and that’s out of respect for the judiciary as a co-equal independent branch of government.”

Barrett appeared before the Senate Judiciary Committee on Tuesday for the second day of hearings related to her nomination to the Supreme Court. The committee is set to question Barrett for four days before voting on whether to send her nomination to the full Senate, where it is scheduled for a vote on October 26.

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