Oct 27, 2020

🎥 Barrett confirmed, takes oath, begins work at Supreme Court

Posted Oct 27, 2020 10:46 AM
Justice Amy Coney Barret sworn in immediately after her confirmation vote Monday night during a White House Ceremony-image courtesy CSPAN
Justice Amy Coney Barret sworn in immediately after her confirmation vote Monday night during a White House Ceremony-image courtesy CSPAN

Click here to watch a replay of the swearing in ceremony.

WASHINGTON (AP) — Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come.

Trump’s choice to fill the vacancy of the late liberal icon Ruth Bader Ginsburg potentially opens a new era of rulings on abortion, the Affordable Care Act and even his own election. Democrats were unable to stop the outcome, Trump’s third justice on the court, as Republicans race to reshape the judiciary.

Barrett, 48, will be able to start work Tuesday, her lifetime appointment as the 115th justice solidifying the court’s rightward tilt.

“This is a momentous day for America,” Trump said at a primetime swearing-in event on the South Lawn at the White House. Justice Clarence Thomas administered the Constitutional Oath to Barrett before a crowd of about 200.

Barrett told those gathered that she believes “it is the job of a judge to resist her policy preferences.” She vowed, “I will do my job without any fear or favor.”

Monday’s vote was the closest high court confirmation ever to a presidential election, and the first in modern times with no support from the minority party. The spiking COVID-19 crisis has hung over the proceedings. Vice President Mike Pence declined to preside at the Senate unless his tie-breaking vote was needed after Democrats asked him to stay away when his aides tested positive for COVID-19. The vote was 52-48, and Pence’s vote was not necessary.

Iowa Senator Chuck Grassley read the result of Monday night's vote and then GOP Senators stood and cheered the successful outcome.-image courtesy CSPAN
Iowa Senator Chuck Grassley read the result of Monday night's vote and then GOP Senators stood and cheered the successful outcome.-image courtesy CSPAN

Click here to watch a replay of the vote in the U.S. Senate

“Voting to confirm this nominee should make every single senator proud,” said Senate Majority Leader Mitch McConnell, fending off “outlandish” criticism in a lengthy speech. During a rare weekend session he declared that Barrett’s opponents “won’t be able to do much about this for a long time to come.”

Barrett, a federal appeals court judge from Indiana, is expected to take the judicial oath administered by Chief Justice John Roberts in a private ceremony Tuesday at the court to begin participating in proceedings.

Underscoring the political divide during the pandemic, the Republican senators, most wearing masks, sat in their seats as is tradition for landmark votes, and applauded the outcome, with fist-bumps. Democratic senators emptied their side, heeding party leadership’s advice to not linger in the chamber. A Rose Garden event with Trump to announce Barrett’s nomination last month ended up spreading the virus, including to some GOP senators who have since returned from quarantine.

Pence’s presence would have been expected for a high-profile moment. But Senate Democratic leader Chuck Schumer and his leadership team said it would not only violate virus guidelines of the Centers for Disease Control and Prevention, “it would also be a violation of common decency and courtesy.”

Democrats argued for weeks that the vote was being improperly rushed and insisted during an all-night Sunday session it should be up to the winner of the Nov. 3 election to name the nominee.

Speaking near midnight Sunday, Sen. Elizabeth Warren, D-Mass., called the vote “illegitimate” and “the last gasp of a desperate party.”

Several matters are awaiting decision just a week before Election Day, and Barrett could be a decisive vote in Republican appeals of orders extending the deadlines for absentee ballots in North Carolina and Pennsylvania.

The justices also are weighing Trump’s emergency plea for the court to prevent the Manhattan District Attorney from acquiring his tax returns. And on Nov. 10, the court is expected to hear the Trump-backed challenge to the Obama-era Affordable Care Act. Just before the Senate voted, the court sided with Republicans in refusing to extend the deadline for absentee ballots in Wisconsin.

Trump has said he wanted to swiftly install a ninth justice to resolve election disputes and is hopeful the justices will end the health law known as “Obamacare.”

In a statement, Democratic presidential candidate Joe Biden tied Barrett’s nomination to the court to the Republican effort to pull down the Affordable Care Act. He called her confirmation “rushed and unprecedented” and a stark reminder to Americans that “your vote matters.”

During several days of public testimony before the Senate Judiciary Committee, Barrett was careful not to disclose how she would rule on any such cases.

She presented herself as a neutral arbiter and suggested, “It’s not the law of Amy.” But her writings against abortion and a ruling on “Obamacare” show a deeply conservative thinker.

Sen. Lindsey Graham, R-S.C., the chairman of the Judiciary Committee, praised the mother of seven as a role model for conservative women. “This is historic,” Graham said.

Republicans focused on her Catholic faith, criticizing earlier Democratic questions about her beliefs. Graham called Barrett “unabashedly pro-life.”

At the start of Trump’s presidency, McConnell engineered a Senate rules change to allow confirmation by a majority of the 100 senators, rather than the 60-vote threshold traditionally needed to advance high court nominees over objections. That was an escalation of a rules change Democrats put in place to advance other court and administrative nominees under President Barack Obama.

Republicans are taking a political plunge days from the Nov. 3 election with the presidency and their Senate majority at stake.

Senators approved the nomination by a vote of 52-48-image courtesy CSPAN
Senators approved the nomination by a vote of 52-48-image courtesy CSPAN

Only one Republican — Sen. Susan Collins, who is in a tight reelection fight in Maine — voted against the nominee, not over any direct assessment of Barrett. Rather, Collins said, “I do not think it is fair nor consistent to have a Senate confirmation vote prior to the election.”

Trump and his Republican allies had hoped for a campaign boost, in much the way Trump generated excitement among conservatives and evangelical Christians in 2016 over a court vacancy. That year, McConnell refused to allow the Senate to consider then-President Barack Obama’s choice to replace the late Justice Antonin Scalia, arguing the new president should decide.

Most other Republicans facing tough races embraced the nominee who clerked for the late Scalia to bolster their standing with conservatives. Sen. Thom Tillis, R-N.C., said in a speech Monday that Barrett will “go down in history as one of the great justices.”

But it’s not clear the extraordinary effort to install the new justice over such opposition in a heated election year will pay political rewards to the GOP.

Demonstrations for and against the nominee have been more muted at the Capitol under coronavirus restrictions.

Democrats were unified against Barrett. While two Democratic senators voted to confirm Barrett in 2017 after Trump nominated the Notre Dame Law School professor to the appellate court, none voted to confirm her to the high court.

In a display of party priorities, California Sen. Kamala Harris, the Democratic vice presidential nominee, returned to Washington from the campaign trail to join colleagues with a no vote.

No other Supreme Court justice has been confirmed on a recorded vote with no support from the minority party in at least 150 years, according to information provided by the Senate Historical Office.

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WASHINGTON (AP) — A divided Senate is set to confirm Amy Coney Barrett to the Supreme Court, giving the country a ninth justice Monday as Republicans overpower Democratic opposition to secure President Donald Trump’s nominee the week before Election Day.

Judge Barrett during day two of her U.S. Senate Confirmation hearing-image courtesy CSPAN
Judge Barrett during day two of her U.S. Senate Confirmation hearing-image courtesy CSPAN

CLICK here to watch the debate and vote that begins 11a.m. CDT

Democratic leaders asked Vice President Mike Pence to stay away from presiding over her Senate confirmation due to potential health risks after his aides tested positive for COVID-19. But although Pence isn’t needed to break a tie, the vote would present a dramatic opportunity for him to preside over confirmation of Trump’s third Supreme Court justice.

Senate Democratic leader Chuck Schumer and his leadership team wrote that not only would Pence’s presence violate Centers for Disease Control and Prevention guidelines, “it would also be a violation of common decency and courtesy.”

But Senate Republicans control the chamber and Barrett’s confirmation isn’t in doubt.

The 48-year-old Barrett would secure a conservative court majority for the foreseeable future, potentially opening a new era of rulings on abortion, gay marriage and the Affordable Care Act. A case against the Obama-era health law is scheduled to be heard Nov. 10.

Senate Majority Leader Mitch McConnell scoffed at the “apocalyptic” warnings from critics that the judicial branch was becoming mired in partisan politics as he defended its transformation under his watch.

“This is something to be really proud of and feel good about,” the Republican leader said Sunday during a rare weekend session.

McConnell said that unlike legislative actions that can be undone by new presidents or lawmakers, “they won’t be able to do much about this for a long time to come.”

Schumer, of New York, said the Trump administration’s drive to install Barrett during the coronavirus crisis shows “the Republican Party is willing to ignore the pandemic in order to rush this nominee forward.”

To underscore the potential health risks, Schumer urged his colleagues Sunday not to linger in the chamber but “cast your votes quickly and from a safe distance.” Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett’s nomination, but they have since said they have been cleared by their doctors from quarantine. Pence’s office said the vice president tested negative for the virus on Monday.

The confirmation was expected to be the first of a Supreme Court nominee so close to a presidential election. It’s also one of the first high court nominees in recent memory receiving no support from the minority party, a pivot from not long ago when a president’s picks often won wide support.

Barrett presented herself in public testimony before the Senate Judiciary Committee as a neutral arbiter and suggested, “It’s not the law of Amy.” But her writings against abortion and a ruling on “Obamacare” show a deeply conservative thinker. She was expected to be seated quickly on the high court.

“She’s a conservative woman who embraces her faith. She’s unabashedly pro-life, but she’s not going to apply ‘the law of Amy’ to all of us,” the Judiciary Committee chairman, Sen. Lindsey Graham, R-S.C., said on Fox News Channel.

At the start of Trump’s presidency, McConnell engineered a Senate rules change to allow confirmation by a majority of the 100 senators, rather than the 60-vote threshold traditionally needed to advance high court nominees over objections. It was escalation of a rules change Democrats put in place to advance other court and administrative nominees under President Barack Obama.

On Sunday, the Senate voted 51-48 to begin to bring the process to a vote as senators, mostly Democrats, pulled an all-night session for the final 30 hours of often heated debate. Two Republicans, Lisa Murkowski of Alaska and Susan Collins of Maine, voted against advancing the nominee, and all Democrats who voted were opposed. California Sen. Kamala Harris, the vice presidential nominee, missed the vote while campaigning in Michigan.

Monday’s final tally was expected to grow by one after Murkowski announced her support for the nominee, even as she decried filling the seat in the midst of a heated race for the White House. Murkowski said Saturday she would vote against the procedural steps but ultimately join GOP colleagues in confirming Barrett.

“While I oppose the process that has led us to this point, I do not hold it against her,” Murkowski said.

Collins, who faces a tight reelection fight in Maine, remains the only Republican expected to vote against Trump’s nominee. “My vote does not reflect any conclusion that I have reached about Judge Barrett’s qualifications to serve,” Collins said. “I do not think it is fair nor consistent to have a Senate confirmation vote prior to the election.”

By pushing for Barrett’s ascension so close to the Nov. 3 election, Trump and his Republican allies are counting on a campaign boost, in much the way they believe McConnell’s refusal to allow the Senate to consider Obama’s nominee in February 2016 created excitement for Trump among conservatives and evangelical Christians eager for a Republican president to replace the late Justice Antonin Scalia.

Barrett was a professor at Notre Dame Law School when she was tapped by Trump in 2017 for an appeals court opening. Two Democrats joined at that time to confirm her, but none is expected to vote for her now.

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