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Supreme Court nominee Judge Amy Coney Barrett declined to tell the Senate Judiciary Committee on Tuesday if she believes the president has the unilateral authority to delay an election, arguing that giving "off-the-cuff answers" would essentially make her a "legal pundit."

Why it matters: President Trump suggested he could delay the election earlier this year. But he has no authority to unilaterally do so under the Constitution. It would take a change in federal law to move the date of the election — which would have to be approved by both chambers of Congress.

What she's saying: Barrett was adamant about not voicing her opinions on potential cases throughout Tuesday's hearing, stating, "If that question ever came before me, I would need to hear arguments from the litigants and read briefs and consult with my law clerks and talk to my colleagues and go through the opinion-writing process."

  • "If I gave off-the-cuff answers then I would be basically a legal pundit, and I don't think we want judges to be legal pundits," she added.
  • "I think we want judges to approach cases thoughtfully and with an open mind."

The big picture: Barrett has been under pressure from Senate Democrats to address potential cases involving Trump, including disputes over the 2020 election results.

  • She testified that she has made "no commitment" to anyone in the executive branch over how she would rule on any cases, including abortion or the challenge to the Affordable Care Act.
  • Barrett also said she would "fully and faithfully apply the law of recusal" if necessary, but that she "can't offer an opinion on recusal without short-circuiting" the traditional process.

Go deeper

Trump consolidates command over GOP, even if he loses

Photo: Eduardo Munoz Alvarez/Getty Images

President Trump heads into the wild days ahead stronger than ever: However things ultimately shake out in the presidential race, he did way better than most expected and was a rare voice saying Republicans could gain ground in the House.

Why it matters: Few Republican officials defied him before. It's hard to see many, if any, standing up to him now. 

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Politics: Four in 10 voters name the pandemic as their top concern — Joe Biden's pandemic response would face intense resistance.
  2. Health: Pennsylvania, Ohio and Minnesota set record cases on Election Day —Governors decline imposing new measures.
  3. Sports: NFL steps up COVID protocols with new mask requirements.
  4. World: Restrictions grow across Europe as case count continues to mount.
Updated 2 hours ago - Politics & Policy

Live updates: White House race remains too close to call

Expand chart
Data: AP; Chart: Naema Ahmed, Andrew Witherspoon, Danielle Alberti/Axios

The race between President Trump and Joe Biden remains too close to call, despite Trump's false declaration early Wednesday that he has won, as vote counting continues in enough key battleground states that a final result could be delayed for days.

The latest: Trump declared that he'll go to the Supreme Court to push for "all voting to stop," baselessly calling the continued vote count a "fraud" as key states sort through a historically high volume of early and mail ballots driven by the coronavirus pandemic.