MORGANTOWN — Sen. Shelly Moore Capito, R-W.Va., met with U.S. Supreme Court nominee Amy Coney Barrett Wednesday afternoon and spoke with West Virginia reporters shortly after about the meeting and her impressions of the judge.
“We had a very cordial and warm conversation,” Capito said. It ranged from Barrett’s judicial opinions to how she raises seven children and her passion for the law. “She is an extremely strong, ethical and experienced, intellectual jurist.”
Barrett is considered an originalist when it comes to interpreting the Constitution, meaning it should be interpreted as written and as the authors intended and not as a living document that morphs with the culture.
“It was very clear to me that she has a strong commitment to the rule of law and carefully considering the text and the history of our Constitution,” and to navigating the challenges of applying the text 200-plus years later. “She is very well respected in the legal community and s very fair minded.”
Capito expects Barrett will come before the Judiciary Committee in the next 10 days for vetting before the committee recommends her to the full body for confirmation.
After her opening remarks, Capito took questions.
One dealt with the abrupt about face of Republcans and Democrats on the timing of the nomination and confirmation. In 2106, the GOP-led Senate refused to take up President Obama’s nomination of Judge Merrick Garland, choosing to wait until after the election and the inauguration of President Trump.
Democrats wanted to move forward with Garland then. No Democrats want to wait, anticipating Trump’s defeat in November, while Republicans want to move ahead.
Senate Majority Leader Mitch McConnell has said the difference hinges on the party composition of the two branches of government: Then the president and Senate majority were of different parties so waiting was proper; now they’re the same party so moving ahead is proper.
Capito agreed with that thinking. “There are some marked differences between2016 and now,” she said. Voters in 2016 and 2018 voted for GO Senate majorities. “I think that West Virginians believe as I do that President Trump should make the pick.” And the Gop has the votes to move forward with the vetting preceding the confirmation.
The Dominion Post asked if part of the urgency stemmed from the GOP wanting another originalist on the court in case Trump loses and a President Biden or President Harris pursues stacking the court.
Capito prefaced, “I am very much opposed to increasing the number of justices on the Supreme Court.” The count has been nine for years and it’s worked well.
But relative to the timing, she doesn’t know when the confirmation vote wold occur, she said, Barrett was fully vetted three years ago for her current post and received bipartisan confirmation, which should make the current process move more quickly. But she’s assuming the vote will come before election so the result won’t come into play. “I don’t think this will be a rush to a vote.”
On Nov. 10, the Supreme Court will hear arguments in a case seeking to overturn Obamacare and Capito said she asked Barrett about that. Barrett told her she can’t air any opinions before the case comes before her. But Barrett demonstrated that all the arguments will be carefully considered.
Capito said she and Barrett also spoke about Barrett’s religious beliefs. Barrett is a member of a small charismatic Catholic group called the People of Praise that for was repeatedly wrongly identified as the inspiration for Margaret Atwood’s dystopian novel The Handmaid’s Tale.
Capito said, “She can hold her beliefs close to her heart and still judge the constitutionality of regulations. … I think her intellectual curiosity and sterling intellect will come through in the hearings very clearly and precisely, and her commitment to the rule of law will also be crystal clear.”
Sen. Joe Manchin, D-W.Va., has said he won’t vote to confirm Barrett before the election because he believes it defies precedent and will just fan the flames of division. He added on Friday, “I will review Judge Coney Barrett’s legal qualifications and judicial philosophy just as I have done with every Supreme Court nominee that has come before the Senate during my time as a senator.”
Asked Wednesday if he had any new comments, his spokeswoman Sam Runyon said, “Sen. Manchin intends to meet with Judge Barrett and will update West Virginians after he does.”
Tweet David Beard@dbeardtdp Email dbeard@dominionpost.com
