On October 26, 2020, only eight days before the general election that could mean a change of power in the White House and in Congress, Senate Republicans were able to push through now Justice Amy Coney Barrett’s confirmation hearing. This was able to occur despite precedent and the wishes of her predecessor, the Honorable Justice Ruth Bader Ginsburg who passed away in September of this year. At this point it’s needless to say that the confirmation has been met with mixed reactions ranging from conservatives labeling her a “new feminist icon” to the liberal outcry of injustice this close to a major election. For me my reaction has been almost too complicated to put into words. Although this is something I expected, it’s potentially a major blow to something I’ve been advocating for my entire life since hitting puberty: reproductive justice. I sat in the same desk chair I’m sitting in writing this with fear in the pit of my stomach knowing that this woman will affect how the law is interpreted for as long as the next 40 years, and that my future children may not have access to fundamental rights that I was born with. I sit here today worrying that those of us who are most vulnerable may not have access to healthcare. And finally, I worry that Amy Coney Barrett’s confirmation might mean 40 years of backward progress in America.
Who is Amy Coney Barrett and why is she such a big deal?
Amy Coney Barrett was nominated to U.S. Seventh Circuit Court of Appeals by President Donald Trump in 2017. She was educated at Notre Dame Law School and is known for her Catholic faith and for being a constitutional originalist. What this means is that she interprets the Constitution exactly as written with little consideration for stare decisis (the established precedent of previous court rulings) or an increasingly liberal America.
One issue that she has publicly opposed is the issue of abortion, which thus far has been upheld as a federal right from the landmark case Roe v. Wade decided in 1973, where it was decided that abortion was protected under the right to privacy. Justice Barrett opposes this not only for personal religious reasons, but also for legal reasons. Privacy is in fact considered an implied right in the Constitution, not a guaranteed or expressed one, and as a constitutional originalist she sees this a stretch of the law as it is written. This should come as no surprise to those of who remember the 2016 election where President Trump promised to nominated judges and justices who would vote to overturn Roe v. Wade despite the established precedent and the roughly 70% of Americans who are pro-choice. Since Justice Barrett opposes the idea of upholding precedent, there is little doubt that when an opportunity comes that she will vote to overrule Roe v. Wade.
Another critical issue that is put in jeopardy by her nomination is the Affordable Care Act (ACA), which was designed to lower the cost of healthcare for low income families and increase the range of Medicare. The Supreme Court will be hearing a case on ACA which was last upheld by a 5-4 vote, and this time is likely to be overturned by her vote. This would mean people with opioid addictions could lose their treatments, those on Medicaid could lose their benefits, young people under the age of 26 could no longer be eligible for coverage under their parent’s insurance, and Americans with pre-existing conditions could be forced to pay higher premiums, and ultimately it would mean that millions of Americans would lose healthcare coverage entirely. Justice Barrett has also written that requiring insurance companies to cover birth control is a gross violation of religious freedom in this country and would likely try to make it so that birth control is no longer guaranteed insurance coverage, reducing access to birth control for lower income folx looking to avoid unwanted pregnancy.
Finally, some other issues she’s spoken and ruled on recently relate to issues of racial discrimination and LGBTQ rights. When it comes to issues of race, Justice Barrett has ruled in the past in favor of more extreme policing methods and has also argued that use of the n-word in the workplace would not qualify as a hostile working environment. When it comes to issues in the LGBTQ+ community she has made statements in defense of those opposed to the landmark case Obergefell v. Hodges which guaranteed marriage equality in 2016. She has also argued that Title IX does not extend to protect the transgender community and that to say it does would be a “strain on the text.”
How could this happen so close to the election?
The simplest answer would be- senate Republicans pushed this issue through as quickly as possible to guarantee a strong conservative voice in the law for decades to come. According to most recent polls, the 2020 election could mean a huge loss for Republicans not only in the White House but also in Congress. In the words of Republican Majority Leader Senator Mitch McConnell:
“A lot of what we’ve done over the last four years will be undone sooner or later by thenext election. They won’t be able to do much about this for years to come.”
So no, this is not a liberal conspiracy theory. Supreme Court justices serve for life, and Justice Barrett is the second youngest person ever to be confirmed to a position on the court. Her vote gives conservatives a 6-3 majority in the Supreme Court, and there is no way to know how long that majority will hold.
What can I do to help?
Unfortunately, Justice Barrett is already officially a U.S. Supreme Court Justice. As much as I would like to direct you towards a petition to sign or an action to take, there’s nothing I can tell you that would change anything. The one thing you can do, if you haven’t already, is vote in the 2020 election. I’m sure you’ve heard this advice over and over again, but I urge you to take it seriously. I’ve met so many young people who don’t think their votes matter, but the one and only way to ensure that they definitely don’t matter is if you never vote. Voting is the easiest way to use your voice in politics, and young people have the power to swing votes from one side to another. So please, VOTE. Making voting into a lifestyle, not just something special you do in 2020. Vote in primaries, vote in interim elections, and make sure your voice is heard.
Not sure if you’re registered/how to vote? Unfortunately, registration for mail-in ballots has closed in Hawaii, but you can go to the polling place on November 3rd (a holiday a UH Mānoa) to register and cast your vote at the same time. If you have already sent in your ballot through the mail, most states have ballot trackers that you can use to make sure your ballot has arrived and that it will be counted. If you are voting in Hawaii go to the website www.elections.hawaii.gov for all of your voting-related concerns.
Continue to use your voice in any way that you can. Our work is only just starting.