Barrett: I’ve had no conversation with Trump about how I’d rule on any case

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Sen. Leahy asks Judge Barrett if she'll recuse herself from 2020 election results

Vermont Sen. Leahy questions Supreme Court nominee on recusal possibilities if disputes develop in the presidential election.

Supreme Court nominee Amy Coney Barrett told the Senate Judiciary Committee on Tuesday that she has made "no commitment" to President Trump or other lawmakers on how she would rule on major cases regarding issues like abortion, health care, or a potential electoral dispute.

"I have had no conversation with the president or any of his staff on how I might rule in that case," Barrett said during Day Two of her confirmation hearing. "It would be a gross violation of judicial independence for me to make any such commitment or be asked about that case and how I would rule."

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Barrett faced questions and scrutiny from senators over her stances on legal issues that might appear before the nation's highest court, including a White House-backed lawsuit challenging the constitutionality of the Affordable Care Act. The Supreme Court is scheduled to hear oral arguments on the case starting Nov. 10.

The case was brought by a group of Republican states, spearheaded by Texas, arguing the individual mandate – the provision that requires Americans to purchase health insurance or pay a financial penalty – was made unconstitutional when the GOP-passed Tax Cuts and Jobs Act reduced the penalty to zero. Another coalition of Democratic attorneys general is trying to uphold the law.

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President Trump has repeatedly indicated that he will nominate a judge who would rule against it.

"I've made no commitment to anyone, not in this Senate, not over in the White House, about how I would decide any case," Barrett said. 

Some Democrats pressed the 48-year-old federal appeals court judge to recuse herself from potential cases related to the November election or the Affordable Care Act, but Barrett demurred.

"It always happens after consultation with the full court, so I can't offer an opinion on recusal without short-circuiting that entire process," Barrett said. 

Trump has suggested the results of the Nov. 3 race between him and Democratic rival Joe Biden are likely to end up before the Supreme Court and has pushed for a quick nomination and confirmation to ensure all nine justices are on the bench for the decision. 

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"I think this will end up in the Supreme Court, and I think it's very important that we have nine justices," Trump told reporters at the end of September.

Sen. Patrick Leahy, D-Vt., suggested that Trump may expect his nominee to side with him in an electoral dispute and asked whether that would prompt her to recuse herself, but Barrett dodged the question. 

"I commit to you to fully and faithfully applying the law of recusal and part of that law is to consider any appearance questions," she said.  "But I can't offer a legal conclusion right now about an outcome of the decision I would reach."

If Barrett is confirmed, it would tilt the bench 6-3 in favor of conservatives.