By Jackson Chadwick | Photo courtesy of Rachel Malehorn
President Donald Trump has nominated Amy Coney Barrett to the U.S. Supreme Court, one week following the death of Associate Justice Ruth Bader Ginsburg. Barrett is currently a Judge of the United States Court of Appeals for the Seventh Circuit, as was nominated to that position in 2017. Barrett, who ideologically aligns with the late Justice Antonin Scalia, has alarmed Democrats due to her views on abortion and gay marriage. If confirmed to the Supreme Court by the Senate, the Court would have a 6-3 conservative majority.
Barrett is an alum of Rhodes College in Memphis, Tennessee, and graduated from the Notre Dame Law School in 1997 summa cum laude. Between 1998 and 1999, she clerked for Justice Antonin Scalia. She was a professor of law at Notre Dame between 2010 until her appointment to the Seventh Circuit in 2017.
Barrett’s nomination has sparked outrage among Democrats who argue it is too close to the Presidential election to fill a Supreme Court vacancy. Senate Minority Leader Chuck Schumer (D-NY) has invoked Majority Leader Mitch McConnell’s 2016 decision to not consider then-Supreme Court nominee Merrick Garland. In 2016, Leader McConnell’s Senate majority decided it was too close to the Presidential election to fill Justice Scalia’s vacant seat, arguing that the newly elected President should have that opportunity.
Schumer has argued that unlike in 2016, when a Supreme Court seat became vacant in February, the current vacancy is far too close to the upcoming election, and that the Senate should wait to hear and confirm a nominee until after a new President has been inaugurated. In a tweet, Schumer writes:
“Senator McConnell has defiled the Senate. Senator McConnell and Senate Republicans are trying to steal two Supreme Court seats four years apart, using completely contradictory rationales. Democrats are fighting to protect Americans’ rights and Ruth Bader Ginsburg’s legacy.
The Senate Democratic Caucus is united behind Schumer’s message that it is too close to the election to fill the vacant seat. Senate Republicans, however, have several divisions in their caucus. Alaska and Maine Senators Lisa Murkowski and Susan Collins, respectively, have told the press that it is inappropriate for the Senate to consider a nominee just over a month until Election Day. Be that as it may, Senate Republicans only need 51 votes to confirm Barrett, and they can afford to lose Murkowski and Collins’ votes.
National abortion rights groups such as Planned Parenthood have sounded the alarm over Barrett’s nomination, arguing a 6-3 conservative majority on the Court could easily overturn Roe v. Wade. Meanwhile, abortion opponent groups such as Susan B. Anthony’s list have announced their support for Barrett.
The Human Rights Campaign, one of the most identifiable allies of LGBTQIA+ rights in the United States, opposes her nomination. Their President writes:
“Her [Barrett’s] hostility towards many of society’s most marginalized, victimized and vulnerable groups raises serious concerns about her ability to be impartial and fairly consider the rights of all who come before the Court, including LGBTQ people; therefore, the Human Rights Campaign opposes her nomination in the strongest terms and will work steadfastly against it.
With the national election just over a month away, control of the Senate is looming, as Democrats or Republicans could be the majority party come January 3rd, the start of the 117th session of Congress. Democrats have expressed concern that even if they win back the chamber on November 3rd, Senate Republicans could push Barrett’s nomination through between November and December, in what is often noted as a “lame-duck” session of Congress. Given that possibility, Democrats have refueled their plans to expand the Supreme Court if they win control of the chamber.
Regardless of who comes into power at the start of the new Congress, any Supreme Court nomination and confirmation could have long-lasting impacts on issues such as abortion, LGBTQIA+ rights, campaign finance laws, and so much more.