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What A Future With Amy Coney Barrett On The Supreme Court May Look Like

This article is written by a student writer from the Her Campus at MSU chapter.

As I am writing this, the US Senate is debating the Supreme Court’s confirmation of Amy Coney Barrett. While she would not give a clear answer on most issues during her hearing, it is evident through past rulings and actions that many previously decided supreme court cases could be brought forth again if she were to be confirmed. The fundamental human rights of hundreds of thousands of American’s could be dismantled. I do not write this to cause fear; I write this as a warning to anyone other than white men. The issues I discuss here were chosen first because they make clear her opinions, and second, they highlight some of her most dangerous stances. These topics are by no means the only important issues.

Abortion Laws: If Amy Coney Barrett is confirmed, once she is on the Supreme court, the case of Roe v. Wade is bound to come up. Barrett, who is open about her Catholic faith, has stayed relatively tight-lipped around the issue of abortion during her Senate confirmation hearings. However, as she is a nominee picked by President Trump, it is possible to infer that from his statements during his 2016 campaign, he would only nominate judges who would overturn Roe v. Wade. If this were overturned, access to abortions would be left up to the states to decide. Millions of women would lose their right to choose. 

As for my personal opinion, while I believe abortion is a serious topic and should require careful consideration, women should always be given the right to choose. Furthermore, the government should not be given the power to say what a woman can do with her body. The idea of limiting or banning abortions stems from religious idealogy, which should not be implemented into the United States since (given by the first amendment) religious freedom, or lack thereof, is granted among this land. I think what pro-lifers fail to consider is that abortion could save a mother’s life. Recently, Senator Gary Peters publicly revealed how only four months into her pregnancy, his wife’s, Heidi, water broke. After the doctor confirmed that the fetus would not survive without the amniotic fluid, Gary and Heidi were told to return home and wait for a natural miscarriage. 

A day later, nothing had happened; they returned to the hospital where the doctor detected a faint fetal heartbeat but still advised Heidi to get an abortion as there was no way the fetus could survive. After waiting another day for a natural miscarriage with no outcome, the doctor informed them that Heidi could potentially lose her uterus or die if she became septic if she did not get an abortion immediately. Their hospital did not allow abortions and even denied the doctor’s appeal to the hospital board. Heidi and Gary had to rush to find a hospital that could save her. In an interview with Elle magazine, Heidi recounted how, “If it were not for urgent and critical medical care, I could have lost my life.” 

LGBTQIA+ Marriage: Same-sex marriage was federally legalized in 2015 by the Obergefell v. Hodges Supreme Court case. Many believe this ruling will be brought up again if Barrett is confirmed due to her conservative viewpoints. How she would vote can be inferred based on a letter she signed in 2015 to the “Synod Fathers from Catholic Women” that stated marriage and family should be constituted between a man and a woman. 

Let me say this: love is love, and whom you love is not just a choice. People should have the freedom to date, marry, and raise children with whomever they wish. Banning or restricting all other marriages besides straight couples denies people of their fundamental human rights. Like banning abortion, banning same-sex marriage is based on religious principles, principles that should not interfere with American Politics (a.k.a separation of church and state). 

Gun Laws: Probably the most transparent opinion held by Amy Coney Barrett is that on gun control. Based on her 37-page dissent on the Kanter v. Barr case, in which she said convicted felons should be able to obtain a gun after serving their punishment, it is safe to say she is in favor of little to no restrictive gun laws. During this case, Barrett also left open the possibility of those convicted of domestic violence charges losing their right to obtain a gun.

As an originalist, she believes the constitution should be taken for exactly how the founders meant for it to be interpreted. In her view, the second amendment should be taken literally; however, assault weapons did not exist during this time—making her opinion dangerous in the era of multiple mass shootings. 

Amy Coney Barrett is a danger to democracy. Along with the Trump Administration rushing this nomination process, her judicial philosophy threatens the livelihoods of women and people in the LGBTQIA+ community. She supports inappropriate, unrestricted gun laws. Barrett’s tactic of not directly answering nearly any question asked by the Senate did not cover up her past; it illuminated her unwillingness to serve the American people.

Election Day is next Tuesday, November 3rd. Don’t re-elect him.

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