Fernanda Figueroa | THE RIDER
Amy Coney Barrett was nominated Sept. 26 by President Donald J. Trump to fill the Supreme Court vacancy left by Justice Ruth Bader Ginsburg during a ceremony at the White House Rose Garden.
“If the Senate does me the honor of confirming me, I pledge to discharge the responsibilities of this job to the best of my ability,” Barrett said, following Trump’s announcement of her nomination. “I am truly humbled by the prospect of serving on the Supreme Court.”
Barrett, 48, is a mother of seven children. She serves in the U.S. Court of Appeals for the Seventh Circuit and is a former law clerk for the late Justice Scalia. Her views are in alignment with those of Justice Scalia and conservative Republicans.
“Barrett has become very popular in conservative legal circles because she is seen as a female heir to the late Justice Antonin Scalia,” said Andrew Smith, a UTRGV lecturer. “Her reported judicial philosophy is that of originalism, the idea that the Constitution, case law, etc. should be interpreted based on the original meaning of the Constitution and the views of the Founding Fathers.”
Republicans are happy with the nomination because Barrett shares their political ideology. A majority of Republican Senators have shown their support through statements on Twitter, with the official Senate Republicans’ account tweeting, “Judge Amy Coney Barrett is the perfect pick to fill this Supreme Court vacancy.”
Sen. Roger Roth (R-Appleton) of Wisconsin also showed his support tweeting, “Amy Coney Barrett checks all the boxes! Career-driven with a proven track record of fairness and good judgement, an unyielding loyalty to the Constitution, mother of seven children, and the first woman with school-aged children to serve in high court.”
Democrats, on the other hand, are not happy with the nomination because of the political implications her confirmation will have on issues like abortion, transgender rights and health care.
“[Democrats] believe [Barrett] will certainly vote to uphold tougher abortion restrictions,” Smith said. “Second, Democrats are concerned because Barrett will neutralize [Chief Justice John] Roberts’ vote. Her appointment would shift the court further to the ideological right by virtue of nullifying Roberts’ comparative ideological moderation.”
If Barrett is appointed, the dynamic of the Supreme Court will shift to a new balance of ideologies.
“The ideological balance of the Court has been typically five conservatice votes versus four typically liberal votes,” said Charles Chapman, a UTRGV political science lecturer. “But, if Judge Barrett is confirmed by the Senate, which is probable, the five to four voting pattern will shift to six to three on cases with major ideological ramifications.”
Whether or not Barrett will get appointed to the Supreme Court is up for debate, but due to the fact that Republicans hold the Senate, it is highly probable that she will get confirmed.
“Based on what we have seen publicly from statements from Republican Senators, it does not appear to be the case that there are enough votes to say no,” said Charles Olney, a UTRGV political science assistant professor. “The only important caveat out there is public opinion could change, and the process has already been pushed pretty quickly, and trying to force it before the election might be difficult. I don’t see any reason to think she won’t be confirmed.”
Another issue that Democrats have with the nomination of Barrett is how close it is to the elections, especially when in 2016, Republicans refused to begin hearings for the nomination of Judge Merrick Garland in February because it was an election year.
“The law is what it is,” he said. “They have not done anything illegal. They are just using the power of the Senate as best they can to exploit their advantages. However, you have to admit given the firmness with which they laid out commitment to a precedent, which they are now valiantly violating, it’s hard to treat it as anything other than a pure operation of political power.”
Smith further explained that constitutionally, Republicans have a right to nominate Barrett, but doesn’t mean they should.
Senator Elizabeth Warren has called out the nomination tweeting, “No confirmation before the inauguration.”
Despite the backlash from Democrats, Republicans have maintained their support of Barrett with White House Press Secretary Kayleigh McEnany making a statement during a press briefing last Thursday.
“If confirmed Judge Barrett would be the only Republican nominated woman on the court and the fifth woman in the court’s history,” she said. “Her qualifications are many, her character is unquestionable, her devotion to the Constitution and interpreting the law as written is steadfast. Judge Amy Barrett is the right choice to serve on the Supreme Court.”
The Senate Judiciary Committee will begin the confirmation hearings Oct. 12.
