During Fox Business Network’s “Varney & Company” on Monday, Fox News judicial analyst Andrew Napolitano said that he would be “shocked” if Democrats “are foolish enough” to attack Supreme Court nominee Amy Coney Barrett in the same way they attacked Supreme Court Justice Brett Kavanaugh.
“I don’t think the Democrats have decided how they’re going to conduct themselves during this hearing because the nastiness simply won’t work with Judge Barrett.” Napolitano said. “Unless there’s some Kavanaugh-like late disclosure of something, which is extremely unlikely — she was just vetted by the FBI and the Senate Judiciary Committee three years ago — there would be no rational basis for them to get nasty.”
“I think that they’re probably going to treat her with a lot of deference and respect and simply argue that she’s already committed herself on the Affordable Care Act.” Napolitano continued. “She’s already argued — as have I and many of us — that it’s unconstitutional and therefore since she’s made up her mind, she shouldn’t sit on the case which is going to be heard on November 10, just a week after Election Day. That is probably their best argument.”
After detailing how aggressive Senate Democrats were during the Kavanaugh hearings, Napolitano added. “I’d be shocked if the Democrats are foolish enough to go there again.”