Netizens’ jaws were left on the floor Wednesday after Sen. Ben Sasse (R-NE) asked Barrett to enumerate the five freedoms guaranteed under the First Amendment. What many would view as a softball question turned out to actually stump the woman vying for a lifetime appointment on the US Supreme Court.
“Speech, religion, press, assembly," said Barrett, counting the freedoms on her fingers. "I don't know, what am I missing?"
"Redress or protests," responded Sasse.
Netizens were quick to comment on Barrett’s forgetfulness, and many called out the fact that she had been lauded for her presumed intelligence and sharp memory after displaying a blank notepad during Tuesday’s hearing.
During Wednesday’s confirmation hearing, Barrett admitted she “did have a glass of wine” Tuesday night. “I will tell you that I needed that at the end of the day,” she said with a laugh.
"Let me just say on that kind of point you have a right to remain silent," said Sen. Richard Blumenthal (D-CT), evoking laughter from the nominee and the others in the hearing.
Some netizens felt as if Barrett should have put a cork in it, especially after she appeared to misspeak, vowing to “approach every case with an open wine - open mind.”
Others, however, appeared to be in agreement with Barrett.
The fourth day of Barrett’s confirmation hearing is scheduled to begin Thursday at 9:00 a.m. local time.