Amy Coney Barrett told the Senate Judiciary Committee that she'd keep an open mind about President Donald Trump delaying the election, but MSNBC's Mika Brzezinski called out her answer as unacceptable.
The president's Supreme Court nominee claims to be an originalist and textualist, which is rooted in the idea the Constitution should be interpreted based on the Founders' intent, and the "Morning Joe" co-host said the founding document was perfectly clear on elections.
"That could not be more clear and the frustrating thing is, the nominee knew this and could have easily pointed to it and could have have easily pointed to her own understanding of it," Brzezinski said.
Article II, Section 1 of the Constitution grants Congress, not the chief executive, the authority to set election dates, which the Title 3, Section 1, Chapter 1 of the U.S. Code specifies must be "on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President."
"She's a very brilliant woman," Brzezinski said. "She clearly respects and focus on the Constitution as where she draws the beginning of where they makes her opinion and then thinks about all the other factors."
"But the Constitution is clear here," Brzezinski added, "and she knows it."