Following the death of Justice Ruth Bader Ginsburg on Sept. 18, 2020, President Donald Trump nominated Amy Coney Barrett to the Supreme Court on Sept. 26. The nomination process first began on Oct. 12 as hearings began, which were led by Chairman of the Senate Judiciary Committee Senator Lindsey Graham.
The nomination then prompted Democrats to consider a refusal of the nomination; however, even with some Republicans expressing dissent, they remained a minority. Since then, concerns have been raised whether Democrats would vote on the nomination to further defer it. Senator Ed Markey has suggested packing the courts, which would mean adding more seats to the Supreme Court, rather than just nine.
Upon the beginning of the confirmation hearings, Democrats voiced their discontent with the nomination. Democratic Senators were critical of the nomination process, noting how when Justice Antonin Scalia died on Feb. 13, 2016, the Republican-led Senate refused to begin confirmation hearings on Merrick Garland after he was nominated by former president Barack Obama. In 2016, Senate Majority Leader Mitch McConnell cited the 2016 presidential election as the reason for refusing to begin confirmation hearings for Garland.
With the 2020 presidential election being underway, especially so due to the prominence of early voting in light of COVID-19, Democrats expressed dissent based on the 2016 precedent set forth by Republicans. In regard to whether Republicans would fill a Supreme Court seat in 2020, McConnell said, “Oh, we’d fill it,” and recently argued that the precedent was set in 2016 due to the Senate holding a party majority different from the president. McConnell furthered his point, arguing that it only applies when the Senate holds a political party majority different from the President of the United States.
Dianne Feinstein promptly noted her opposition, noting how the 2020 presidential election is underway and therefore argued that the nomination process should not continue. Other Democrats echoed this, such as Amy Klobuchar who noted Ginsburg’s dying wish, which was to have her nomination be named by the winner of the 2020 presidential election.
In response to Democrats’ criticism, Republicans noted their consent to holding the nomination process and overall described themselves as supportive of Barrett as the nominee. Republicans, like Graham, noted how the confirmation hearings should not be as scandalous as that of Justice Brett Kavanaugh and stressed the importance of decorum.
In her opening statement, Barrett acknowledged Trump, her family, friends, other associates and Republicans for their support. She also noted her time as a clerk for Scalia. Barrett ultimately stressed a focus on constitutional law and enforcing rule of law, as well as her technique of being sympathetic to both parties in court cases. She ended by thanking those who have supported her nomination.
Throughout the confirmation hearings, issues such as the Affordable Care Act, COVID-19 and Roe v. Wade (1973) were raised by members of the Senate Judiciary Committee.
As the nomination began, Democrats urged the Senate to focus on passing a second stimulus package to mitigate the effects of COVID-19 on the economy. Concerns were also raised over Republicans who had tested positive for COVID-19 or exposed to COVID-19, yet attended the confirmation hearings, such as Graham and Senator Mike Lee.
However, other Democrats centered their focus on Barrett’s stances on political issues, specifically the Affordable Care Act and Roe v. Wade (1973). Democrats raised questions about Barrett’s opposition to the Affordable Care Act, as well as her opposition to abortion rights, which could lead to the Supreme Court overturning Roe v. Wade (1973). Similar questions have been raised about the election as Trump has implied that the election would be decided in court, which Barrett could be influential in the decision-making process if it were to be a court case.
Republicans also warned against religious tests and urged Democrats not to press Barrett on her Catholic faith, though concerns are mounting over Barrett’s connection to the religious group People of Praise, which inspired the book and TV show “The Handmaid’s Tale.” In the confirmation hearings, Republicans also argued that criticism of Barrett derived from sexism.
Barrett will likely be confirmed as Republicans hold a majority in the U.S. Senate. A vote is expected to occur on Oct. 22.
