On October 27th, 2020, Amy Coney Barrett became an Associate Justice of the Supreme court, replacing the late Ruth Bader Ginsberg. She was nominated by Donald Trump, and her addition to the Supreme Court gives it a 6-3 Republican majority (as opposed to the 5-4 majority Republican’s previously had). Here’s everything you need to know about this governmental change:
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How are Justices chosen?
The current Supreme Court is made up of eight Associate Justices and one Chief Justice. There have been nine spots for Justices since The Judiciary Act of 1869, but Congress actually has the power to determine the number of Justices. Justices can serve for life or until they decide to retire, and can be removed from office if they are impeached. If there is a vacancy on the court (like there was when RBG passed), the President can nominate someone, and the Senate has to vote to confirm the nominee. Barret didn’t receive a single vote from a Democrat in the Republican-controlled Senate and won her seat 52-48. It was the first time in 151 years that a confirmed Justice hadn’t received a vote from the opposing party.
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Election time controversy
The Senate has never once considered a nominee so close to an election, and there was a loud public outcry asking Republicans to wait to appoint a new Justice until after the election. It was even Justice Ruth Bader Ginsberg’s dying wish for her not to be replaced after the election cycle. There are arguments that waiting until after the vote at least gives the American people some choice in who they want as the new Justice. In 2016, Senate majority leader Mitch McConnell stopped President Obama’s Supreme Court nominee from getting a hearing on the Senate floor eight months away from an election, which he deemed too close. However, cries of hypocrisy didn’t stop McConnell from giving Barrett a chance to be chosen as Justice, just eight days away from election day.
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Barrett’s background
Amy Coney Barrett is 48 years old and has been working as a judge since 2017 when she was nominated by Donald Trump to serve on the Seventh US Circuit Court of Appeals. Before that, she was a professor at Notre Dame Law school, after being a visiting professor at a few other places, and working as a law clerk for two years. She went to law school at the University of Notre Dame and is the first Justice to attend a law school other than Harvard or Yale. Some argue that she doesn’t have enough experience as a judge. She also is a mother of seven and practices strong Catholic faith.
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Her views:
Barrett considers herself a constitutional originalist, like her late mentor Justice Antonin Scalia. This means she believes in interpreting and upholding constitutional laws as they are written. She has been criticized by many, and praised by Conservative Catholics, for letting her strong Catholic beliefs impact her decisions as a judge. Her past records indicate that she is anti-choice and doesn’t agree with the Roe V. Wade decision. She also has voiced her concern about the Supreme Court’s 2012 decision to allow Congress to enforce the Affordable Care Act. LBGTQ+ groups have also raised concerns about Barrett being on the Court, as her record shows that she’s questioned whether gay marriage should have been for the Supreme Court to decide, and she doesn’t know if Title IV protections should extend to people who are transgender. There is no way to know how Barrett will rule on the cases presented to her at court, but some groups have reason to be concerned about how Barrett will impact their rights.
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What does this mean for the future?
Barrett on the Supreme Court could soon have to handle cases involving ballot deadlines and counting in different states. In the days and weeks following the election, the Supreme Court will be dealing with a few more controversial cases: one about the ability of religious people to sue to challenge nondiscriminant policies, and one about the Affordable Care Act. With the 6-3 Republican majority, the results of these cases could easily swing more right than they may have in the past. With Barrett on the Supreme Court, it seems Republicans could have the majority for at least another generation.