Barrett confirmed as justice
WASHINGTON — Amy
Coney Barrett was confi rmed
to the Supreme Court late
Monday by a deeply divided
Senate, Republicans
overpowering Democrats
to install President Donald
Trump’s nominee days before
the election and secure
a likely conservative court
majority for years to come.
Trump’s choice to fi ll the
vacancy of the late liberal
icon Ruth Bader Ginsburg
potentially opens a new era
of rulings on abortion, the
Affordable Care Act and
even his own election. Democrats
were unable to stop
the outcome, Trump’s third
justice on the court, as Republicans
race to reshape the
judiciary.
Barrett is 48, and her
lifetime appointment as the
115th justice will solidify the
court’s rightward tilt.
Monday’s 52-48 vote was
the closest high court confi rmation
ever to a presidential
election, and the fi rst in modern
times with no support
from the minority party. The
spiking COVID-19 crisis has
hung over the proceedings.
Vice President Mike Pence’s
offi ce said Monday he would
not preside at the Senate session
unless his tie-breaking
vote was needed after Democrats
asked him to stay away
when his aides tested positive
for COVID-19. His vote
was not necessary.
With Barrett’s confirmation
assured, Trump was
expected to celebrate with a
primetime swearing-in event
at the White House. Justice
Clarence Thomas was set to
administer the Constitutional
Oath, a senior White House
offi cial said.
“This is something to
be really proud of and feel
good about,” Senate Majority
Leader Mitch McConnell
said during a rare weekend
session Sunday ahead of voting.
He scoffed at the “apocalyptic” warnings from critics that
the judicial branch was becoming
mired in partisan politics and declared
that “they won’t be able to
do much about this for a long time
to come.”
Pence’s presence presiding for
the vote would have been expected,
showcasing the Republican priority.
But Senate Democratic leader
Chuck Schumer and his leadership
team said it would not only violate
virus guidelines of the Centers for
Disease Control and Prevention, “it
would also be a violation of common
decency and courtesy.”
Some GOP senators tested positive
for the coronavirus following
a Rose Garden event with Trump
to announce Barrett’s nomination
last month, but they have since
said they have been cleared by their
doctors from quarantine. Pence was
not infected and his office said the
vice president tested negative for
the virus Monday.
Democrats argued for weeks
that the vote was being improperly
rushed and insisted during an
all-night Sunday session it should
be up to the winner of the Nov.
3 election to name the nominee.
However, Barrett, a federal appeals
court judge from Indiana, is
expected to be seated swiftly, and
begin hearing cases.
Speaking near midnight Sunday,
Sen. Elizabeth Warren, D-Mass.,
called the vote “illegitimate” and
“the last gasp of a desperate party.”
Several matters are awaiting decision
just a week before Election
Day, and Barrett could be a decisive
vote in Republican appeals of
orders extending the deadlines for
absentee ballots in North Carolina
and Pennsylvania.
The justices also are weighing
Trump’s emergency plea for the
court to prevent the Manhattan
District Attorney from acquiring
his tax returns. And on Nov. 10,
the court is expected to hear the
Trump-backed challenge to the
Obama-era Affordable Care Act.
Trump has said he wanted to
swiftly install a ninth justice to resolve
election disputes and is hopeful
the justices will end the health
law known as “Obamacare.”
During several days of public
testimony before the Senate Judiciary
Committee, Barrett was careful
not to disclose how she would
rule on any such cases.
She presented herself as a neutral
arbiter and suggested, “It’s not
the law of Amy.” But her writings
against abortion and a ruling on
“Obamacare” show a deeply conservative
thinker.
Sen. Lindsey Graham, R-S.C.,
the chairman of the Judiciary
Committee, praised the mother of
seven as a role model — “a conservative
woman who embraces
her faith.” Republicans focused on
her Catholic religion, dismissing
earlier Democratic questions about
her beliefs. Graham said Barrett is
“unabashedly pro-life, but she’s not
going to apply ‘the law of Amy’ to
all of us.”
At the start of Trump’s presidency,
McConnell engineered a
Senate rules change to allow confirmation
by a majority of the 100
senators, rather than the 60-vote
threshold traditionally needed to
advance high court nominees over
objections. That was an escalation
of a rules change Democrats put in
place to advance other court and
administrative nominees under
President Barack Obama.
Republicans are taking a political
plunge by pushing for confirmation
days from the Nov. 3 election
with the presidency and their Senate
majority at stake.
Only one Republican — Sen.
Susan Collins, who is in a tight
reelection fight in Maine — voted
against the nominee, not over
any direct assessment of Barrett.
Rather, Collins said, “I do not think
it is fair nor consistent to have a
Senate confirmation vote prior to
the election.”
Trump and his Republican allies
had hoped for a campaign boost, in
much the way Trump generated excitement
among conservatives and
evangelical Christians in 2016 over
a court vacancy. That year, McConnell
refused to allow the Senate
to consider then-President Barack
Obama’s choice to replace the late
Justice Antonin Scalia, arguing the
new president should decide.
Most other Republicans facing
tough races embraced the nominee
to bolster their standing with
conservatives. Sen. Thom Tillis,
R-N.C., said in a speech Monday
that Barrett will “go down in history
as one of the great justices.”
But it’s not clear the extraordinary
effort to install the new justice
over such opposition in a heated
election year will pay political rewards
to the GOP.
Demonstrations for and against
the nominee have been more muted
at the Capitol under coronavirus restrictions.
Democrats are unified against
Barrett. While two Democratic
senators voted to confirm Barrett
in 2017 after Trump nominated the
Notre Dame Law School professor
to the appellate court, none voted to
confirm her to the high court.
In a display of party priorities,
California Sen. Kamala Harris, the
vice presidential nominee, returned
to Washington from the campaign
trail to join colleagues with a no
vote.
No other Supreme Court justice
has been confirmed on a recorded
vote with no support from the minority
party in at least 150 years,
according to information provided
by the Senate Historical Office.