BATTLEGROUND SCOTUS NOMINATION
illustrations by Rania Arain & Mara Severts
CONTEXT: Late September, the death of Justice Ruth Bader Ginsberg left a vacancy in the Supreme Court. The nomination of Amy Coney Barrett (ACB), justice, has raised two nationwide questions: should SCOTUS nominees be confirmed prior to an election cycle and is ACB an appropriate pick?
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nswering the question of whether or not a SCOTUS nominee should be confirmed prior to an election cycle is dependent on which nominee is in the running. After the tragic death of Justice Ruth Bader Ginsberg, President Donald Trump appointed Amy Coney Barrett (ACB) to fill her seat. Notre Dame Professor and Appeals Court Judge, ACB is a notable conservative. While confirming a judge during an election cycle has happened before, the United States has never been more unstable— especially compared to 1988, which was the last time a Judge was confirmed during an election year. We were not in a global pandemic. We were not this polarized. We were not this distrusting of our government. Rushing this type of decision only harms the future of our country and its citizens. In fact,
NOOR MRYAN
confirming ACB would put the Court at a 6-3 conservative majority—an idea feared by many Americans, as highlighted by the New York Times on Sept. 28. Let’s be clear: this is an attempt at a power grab, one that would drastically change the course of American democracy. Not to mention, there are far more pressing issues that the U.S. government and executive branch should be more concerned with. More than 200,000 Americans have died from COVID-19, and as Senator Tammy Duckworth said, “instead of addressing the many life-and-death issues facing working families during COVID-19, Trump and the Senate Republicans are focused on jamming through this nomination”. It is critical to analyze this question by examining Federal Judge Amy Coney Barrett and her beliefs, as well. ACB is an originalist, like some on the Supreme Court. She believes that her job as a judge would be to interpret the Constitution according to its original meaning. While this is problematic to some, it is not the main issue with her beliefs, two of which include abortion and the Affordable Care Act. Many are concerned that with her confirmation comes the overturn of these pressing issues. While ACB stated she does not intend on overturning Roe v. Wade, the case that gave people the constitutional right to end a pregnancy, she has stated that she intends on restricting “late-term abortions” and regulating “how many restrictions can be put on clinics”, as according to NPR. This is a drastic step backwards. In 2016, Trump specified that he intended on appointing
someone committed to overturning Roe v. Wade, as he stated in one of the presidential debates. He has made his pick. Especially in this pandemic, millions of Americans rely on the Affordable Care Act for their healthcare. The Affordable Care Act has especially benefited underprivileged Americans and has given them access to some healthcare, as according to CNBC. ACB is a threat to this, as she criticized Chief Justice John Roberts in a 2017 law journal article, writing that “Chief Justice Robers pushed the Affordable Care Act beyond its plausible meaning to save the statute”, as according to TIME. This gives Democrats a reason to believe ACB could be a vote against the Affordable Care Act. Finally, Barrett is a Roman Catholic, and has stated that her religious beliefs will not impact her ruling. That would be ideal, except they already have. In 2006, Barrett signed her name to a “right to life ad”, which calls for “an end to the barbaric legacy of Roe v. Wade and restore lives that protect the lives of unborn children.” Religious beliefs should not be a determining factor, but hers have consistently impacted her rulings, changing the freedom of Americans. One thing is clear: the Notorious RBG did not die for another woman to take her seat, and reverse all the things that she pushed forward. During her hearing, Amy Coney Barrett was not able to name all five unalienable rights given to us in the Constitution, forgetting the right to protest. If she isn’t able to name them, she definitely is not able to uphold them.
30 | Perspectives
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