Amy Coney Barrett has been asked if there’s a potential conflict in having three Supreme Court justices who were part of the 2000 Bush v. Gore challenge being called on to decide a disputed 2020 presidential election.
Watch the moment from the hearing in the player above.
Barrett told Democratic Sen. Mazie Hirono of Hawaii that “any questions of whether there was an appearance of impartiality … would be one for all justices involved to consider under the recusal statute.” Barrett said at her confirmation hearing Wednesday that “a judge always has to consider that issue.”
But given the chance by Republican Sen. Joni Ernst of Iowa to amend her remarks, the judge did.
Barrett said she wanted to clarify that “the work that some of the justices may have done on Bush v. Gore is reason to recuse, that is certainly not what I meant.”
She said, “What I meant is that in every case, judges have an obligation to consider the issues and they may conclude, ‘No.’ What I meant to be saying was just not to take a position.”