On September 29th, a mere 11 days after the Notorious Ruth Bader Ginsburg passed away, Judge Amy Coney Barrett was nominated to fill RBG’s seat on the Supreme Court of the United States (SCOTUS). As with any Supreme Court nomination, the decisions of those who are appointed will affect laws and legal precedents for years to come. But this time, it’s different. Despite 52% of Americans agreeing with the fact that the winner of the fast-approaching 2020 presidential election should appoint the next justice, according to a Washington Post-ABC News poll, confirmation hearings in the Senate Judiciary Committee commenced on October 12th. Therefore, if Barrett is appointed to fill RBG’s seat, the balance will favor the conservative viewpoint of the court with a 6-3 majority. This could have long-term impacts on extremely important human rights issues and the upcoming election. With the prospect of that imbalance in mind—here’s what’s at stake:
Healthcare:
With Amy Coney Barrett, The Affordable Care Act (ACA) is at risk. In 2012, Chief Justice John Roberts, (who traditionally leans more conservative in his opinions) sided with the liberal side of the court to uphold the ACA in California v. Texas. In 2017, Barrett detailed her own opinion on the rulings of this case as she stated that Chief Justice Roberts “pushed the Affordable Care Act beyond its plausible meaning to save the statute,” the New Yorker reported.
This raises concern—what would happen if California v. Texas, or cases like it, circled back to The Supreme Court? Under the ACA roughly 20 million Americans have gained coverage, individuals with pre-existing conditions are protected, and kids are allowed to be on their parent’s plan until age 26.
LGBTQIA+ Rights
Recently, conservative-leaning justices Clarence Thomas and Samuel Alito have stated their extreme discontent for Obergefell v. Hodges—the Supreme Court case that champions same-sex marriage. If Barrett is appointed to the Supreme Court, her record shows that she would not be an ally to marriage equality. At Jacksonville University in 2016, Barrett gave a lecture in which she defended those who disagreed with the ruling in Obergefell v. Hodges, suggested that Title XI rights that protect the transgender community should be revisited by legislators, and misgendered transgender women, Vox reported.
Women’s Reproductive Rights
In 2006, Barrett signed two anti-abortion advertisements that advocated for Roe v. Wade to be overturned. CBS News reported that “Barrett and her husband’s signatures appeared on a page that said, “We… oppose abortion on demand and defend the right to life from fertilization to natural death.” The opposite page, which Barrett this week said she hadn’t seen prior to its publication, said, “It’s time to put an end to the barbaric legacy of Roe v. Wade.”
In 2013, Barrett signed another advertisement (while she was a law professor at Notre Dame) that stated “we faculty and staff at the University of Notre Dame reaffirm our full support for our University’s commitment to the right to life, we renew our call for the unborn to be protected in law…”.
During her confirmation hearing, Barrett refused to comment on her view of Roe v. Wade, her previous record and involvement in this issue are concerning and raises the question as to if she would be able to uphold the legal precedents and protections of Roe v. Wade without preconceived notions affecting her judgment.
The Election
We’ve heard it time and time again… what if Donald Trump contests the results of the election? What if it gets sent to the Supreme Court? What will happen next? How will the judges rule? Will they rule in favor of our democracy or will they fall into partisan lines? Two, and most likely soon to be three, Supreme Court justices have been appointed by Trump. Apart of me wants to think that if the results of the election go to the Supreme Court, Barrett will recuse herself since there is a clear conflict-of-interest, but that hope only goes so far as it could be wildly unrealistic.
These are these questions that run through my mind as we inch closer and closer to the most important election of our lives.
Will the people, Barrett included, who have been appointed to advocate for justice for all, truly uphold the qualifications of the job they’re given?
I know it’s convenient and easy to be disengaged or say that you “aren’t into politics”, but it’s past the point of political matters. The livelihood of women and LGBTQIA+ communities are at risk, and something as basic as health care could be completely dissolved. These issues stem under non-negotiable human rights and are issues that are concerning our democracy. With what seems like the inevitable appointment of Judge Amy Coney Barrett, I am angry and scared for the decisions that this lifetime appointee will weigh in on. I am angry that our country’s election is not guaranteed to be free and fair like it should be. I am angry that I and so many other women may not have a say in decisions about our bodies. I am angry that my friends may not be able to love who they love or receive the protections that they deserve. I am angry that millions of people with pre-existing conditions could be paying thousands in medical bills. I am angry that if appointed, Amy Coney Barrett could work to effectively close every door that Ruth Bader Ginsburg opened, and piece together every class ceiling that RBG smashed.
Get involved. talk to your friends and family, and most importantly make a plan to VOTE.