Since the death of Justice Ruth Bader Ginsburg, whose contested legacy, the political world has been abuzz with speculation on who will take her seat on the 9-person panel. Today, the Senate is set to confirm conservative Judge Amy Coney Barrett to the seat, making the Supreme court overwhelmingly conservative.
How are Supreme Court Justices usually appointed?
Standard procedure follows a detailed investigation of the nominee by the FBI and the Judiciary committee, as well as the submission of a long career-based questionnaire down to earliest clients, job history and reports, etc.
The nominee would then take part in private interviews with multiple Senators that could last up to an hour before the lead-up to the Public Confirmation Hearing. Democrats and Republicans would debate the questions and issues to be addressed in the hearing, a process that could take long in normal times, but one that the Senate-majority party had every motivation to make as quickly as possible. In the meantime, the nominee prepared for the hearing, much like senior political advisors prep for important conferences. Then, a series of hearings take place conducted by the Judiciary Committee before the nominee is sent to the Senate for approval.
However, these are not standard times. Most of the people in Washington who are well-versed with political procedure would admit that a Supreme Court nomination so close to the Presidential election borders on unconstitutional. Even Senate majority leader Mitch McConnell, said in 2016 that, “the American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”
He was referring to the passing of Conservative Justice Antonin Scalia in February 2016, almost 9 months before the election. Now, just one week before the 2020 one, he seems to have changed his mind. The Republicans have rushed through the preliminary stages of this process and hearings are already underway, even though Justice Ruth Bader Ginsburg died just over one month ago. Two GOP Senators have refused to pass the nomination, but that still splits the vote 51-49 with a confirmation.
Amy Coney Barrett and the RBG seat
The nomination of Amy Coney Barrett for the seat of Justice Ginsburg has been controversial, to say the least. Coney Barrett currently serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett has taught at Notre Dame Law School for 15 years, where she still makes part-time appearances and is quite revered. Barrett has had quite a shining academic and professional career, and has drawn serious praise for her qualifications.
Where the line falters is her conservative record. A devout Catholic, her work the circuit judge and her scholarly writing have been extremely anti-abortion and anti-gay marriage.
What this could mean for the US
The Affordable Care act, or Obamacare, drastically altered healthcare in the United States by opening avenues for accessible health insurance for communities that had been left out of this loop for too long. The Trump administration has sought to repeal it through these four years, and has gotten behind a coalition of states hoping to challenge it. It has managed to endure because of some liberal judgements of Conservative Justice John Roberts, but it would not survive a Barrett nomination, which would put six Conservative Justices on a panel of nine.
Roe Vs Wade is a landmark 1973 Supreme Court decision that legalized abortion in the U.S. It has been the last line of defence against the rising Conservative wave that seeks to ban abortion, especially what they have christened “late term abortions.” Should Barrett get this seat, two GOP-controlled swing states are the only thing that would stand between the Supreme Court and an abortion ban in many US states.
Policy experts judge that Barrett’s nomination would also make the Supreme Court the most Conservative it has been since the 1930s. At the hearing, Barrett sidestepped questions on abortion because if she expressed a specific opinion, that might bar her from future cases.
