Amy Coney Barrett was confirmed as an Associate Justice to the Supreme Court on the eve of October 26, by a nail-biter vote of 52-48 in the Senate. With her confirmation, the Court bench will consist of 6 conservatives and 3 liberals. At the young age of 44, Barrett has the chance to serve as a justice for 30+ years, keeping the power balance tilted towards the Republicans. Her confirmation is quite controversial, as it took place a week before the election and occurred faster than typical justice confirmations: it takes on average 68 days to nominate and confirm a Supreme Court justice, but Barrett’s process lasted a mere 35 days. Many people argue that because Ruth Bader Ginsburg’s passing happened so close to election day, Trump and the Senate shouldn’t have rushed to complete the process, and they should have instead focused on the election. They argued that the next president should be the one to nominate a justice to take Ruth Bader Ginsburg’s place.
However, the timing is not the only controversial facet of Barrett’s confirmation. Firstly, Barrett verified that she strictly follows the constitution and does “not legislate from the bench”, which represents her as inflexible to social change. Additionally, Barrett said in a Senate hearing that she was against discrimination of any kind, including racism and discrimination against “sexual preference”. Her choice of words incited backlash, labeling her as anti-LGBTQ+. The phrase “sexual preference” is defined as an offensive term in Merriam-Webster since sexual orientation is not a choice. There are reports about Barrett claiming that the Civil Rights Act doesn’t apply to transgender people. However, Barrett never openly rejected or agreed with the same-sex marriage rights decision in Obergefell v. Hodges. Barrett faces additional criticism because her record portrays her as opposing abortion rights. However, according to National Public Radio, in her Senate hearing, Barrett stated that as a justice, she wouldn’t vote to eliminate the right of abortion or overturn Roe v. Wade, but she would vote to make late-term abortions illegal and to increase regulations on clinics. Finally, there are claims that Barrett will destroy the Affordable Care Act, but according to National Public Radio, she stated, “I am not hostile to the ACA.” She is only critical of “severability”, but she is not opposed to the ACA itself.
Whether or not claims about Barrett’s anti-LGBTQ+, anti-abortion, and anti-ACA views are true, Barrett isn’t unqualified for the position. She worked as a litigator for various law firms in D.C., and she held an outstanding judicial record. She also taught as a professor at Notre Dame, where she was nominated for “Distinguished Professor of the Year” three times in her career; speaking to her dedication to her community. According to background information given by the White House, Barrett was appointed to sit on the Advisory Committee from 2010 to 2016, and she served on the 7th Circuit Court of Appeals from 2017 to 2020. Finally, she is a mother to seven children, one of whom is adopted and has Down Syndrome.
While some argue that Barrett is an atrocious person with terrible views, it can also be argued that she is a selfless person who serves the needs of others. However, all facts must be taken into account to recognize both the pros and cons of her confirmation, as it is a complicated situation.
Sources:
https://www.the-sun.com/news/1643949/amy-coney-barrett-gay-marriage-lgbtq-supreme-court/
https://www.whitehouse.gov/articles/senate-confirms-amy-coney-barrett-supreme-court/
https://www.npr.org/2020/09/28/917827735/a-look-at-amy-coney-barretts-record-on-abortion-rights
https://www.npr.org/2020/09/28/917554001/amy-coney-barrett-a-dream-for-the-right-nightmare-for-the-left https://www.naacpldf.org/judge-barretts-record/