What Amy Coney Barrett's Confirmation Means for the Election
Just one week before the Election, Amy Coney Barrett was confirmed into the Supreme Court; The Senate voted on President Trump’s nominee, filling the seat of late Justice Ruth Bader Ginsburg.
“On this vote, the yays are 52. The nays are 48,” said Sen. Chuck Grassley on Monday, Oct. 26.
That Monday evening, Coney Barrett took the oath administered by Supreme Court Justice Clarence Thomas. President Trump spoke at the White House ceremony that followed the vote, honoring Barrett and the Senate’s contributions and calling it a "momentous day" for America. Barrett’s confirmation handed Trump a victory, as he promised to tip the Supreme Court to the right for many years to come.
Barrett is the Supreme Court’s 115th justice and the fifth woman to sit on the bench. The bipartisan tension heightened as this was the first time in over 150 years that a judge was confirmed with no minority party votes, signaling bitter days in Washington ahead. Justice Barrett is expected to sway decisions heavily to the right, including LGBTQ+ rights, business regulation, environmental issues and abortion rights.
In 2018, Justice Barrett was considered as a potential replacement for Justice Anthony Kennedy; Democrats viewed her placement as a threat to their pending party agendas based on her legislative history. However, many Republicans approve of the selection considering her viewpoints and credentials.
Barrett has expressed her shared commitment to constitutional originalism with her mentor, Justice Antonin Scalia. "I believe Americans of all backgrounds deserve an independent Supreme Court that interprets our Constitution and laws as they are written," she said on the first day of her hearing.
Democrats viewed this confirmation as obstruction of power and urged Senate Republicans to wait for voters to have their say in the coming weeks; however, the Republican occupancy of the White House and the Senate made it difficult to delay the confirmation.
Barrett’s confirmation was noticeably faster than past Supreme Court picks; With the passing of Ruth Bader Ginsburg just six weeks before the election, Washington was able to coordinate a Republican win with only seven days before voting. In 2016, the Senate refused to hold hearings eight months before the election concerning President Obama’s picks to fill the Supreme Court vacancy. Senate Majority Leader Mitch McConnell R-Ky claimed that 2020 was different because of the Republican occupancy of both the White House and the Senate, making it easier for the Senate to review the decision.
Justice Barrett’s presence in the Supreme Court could be felt immediately. She will impact major decisions, including dates in which individual swing states accept absentee ballots, challenges to election results and others. With a polarized country and close race, Barrett’s confirmation could be a key consideration for voters.
