Supreme Court nominee Judge Amy Coney Barrett refused Tuesday to weigh in on whether she agreed with the late Justice Antonin Scalia’s dissent, arguing the case legalizing abortion nationally was wrongly decided.
California Sen. Dianne Feinstein, the top Democrat on the Judiciary Committee, quizzed the nominee on her stance on Roe v. Wade, asking Judge Barrett if she agreed with her mentor, Scalia.
Judge Barrett said she could not weigh in on precedent that continues to be litigated due to being a sitting judge on the 7th U.S. Circuit Court of Appeals.
“I have an agenda to stick to the rule of law and decide cases as they come,” she said.
The judge said she cannot weigh in on Scalia’s position on abortion or on the right for same-sex couples to marry, which was another question Ms. Feinstein posed.
Judge Barrett cited the late Justice Ruth Bader Ginsburg’s practice during her confirmation hearing where she said she could not give senators any hints on how she might rule on a case.
“Like racism, I think discrimination is abhorrent,” Judge Barrett said.