Confirmed But Not Unchallenged–Amy Coney Barrett
(Disclaimer: La Tonique Media LLC does not represent any political ideology. While we do not espouse any political beliefs, we do seek to provide a balance perspective by incorporating voices from both sides of the political spectrum.)
By Ruth Kae
On the 18th of September 2020, Supreme Court Justice Ruth Bader Ginsburg died and left America and the rest of the world in a state of grief and disbelief. America is separated in two contradictory groups. Some had the opinion that Bader Ginsburg, a liberal justice, should have already retired from her job and are looking forward to a more conservative judge. But for many, she was a symbol of hope, change and progress.
Her death leaves the remaining in the Supreme Court:
Brett M. Kavanaugh, nominated by President Donald J. Trump in 2018
Neil M. Gorsuch, nominated by President Donald J. Trump in 2017
Elena Kagan, nominated by President Barack Obama in 2010
Sonia Sotomayor, nominated by Barack Obama in 2009
Samuel A. Alito, nominated by President George W. Bush in 2006
John G. Roberts, nominated by President George W. Bush in 2005
Stephen G. Breyer, nominated by President Clinton in 1994
Clarence Thomas, nominated by President Bush in 1991
Only eight days after Ruth Bader Ginsburg passed away, President Donald Trump announced that he had chosen Amy Coney Barrett as a successor for the Supreme Court position. One month later, and eight days until the presidential election, Barrett was confirmed by the Senate and sworn in by Justice Clarence Thomas at the White House. With the Republicans having the majority in the Senate, the Democrats had “no procedural tools to stop Barrett from getting confirmed”. Despite all efforts, the attempt to slow down the hearing of Barrett failed. In comparison to Ruth Bader Ginsburg, who was a justice for 13 years before being nominated as a Supreme Court Justice, Amy Barrett has only been a judge of the U.S. Court of Appeals for the Seventh Circuit for three years.
(A child dressed up as the late Ruth Bader Ginsburg)
(Michael A. McCoy | Reuters)
Barrett is the youngest woman in the Supreme Court, but that doesn’t make her a feminist. If anything, Barrett represents strict conservative ideas, influenced by her strong religious beliefs. With the new majority of conservative judges in the highest court of the US, topics like LGBTQ+ rights, abortion, immigration and health care are on the line.
Alongside giving lectures that were paid for by the anti-LGBTQ+ organization Alliance Defending Freedom, she signed a letter that defined marriage as a “indissoluble commitment of a man and a woman” in 2015. On the 23rd of September, soon after it became clear that Barrett would be the chosen nominee, LGBTQ+ groups announced their deep concerns that Barrett would be an “Absolute threat to LGBTQ rights” and justified their worries in an open letter with the following words:
“Her hostility towards many of society’s most marginalized, victimized and vulnerable groups raises serious concerns about her ability to be impartial and fairly consider the rights of all who come before the Court, including LGBTQ people (...)”
With her strong religious belief comes not only the rejection of same-sex marriage, but also lack of respect of the LGBTQ+ community, e.g. by misgendering transgender.
When Trump picked Barrett, he knew her stance on the Affordable Care Act (ACA), which was established under the Obama administration. More than 21 million people are dependent on the ACA providing health insurance. In an essay in 2017, Barrett criticized the decision of the Supreme Court ruling in favor of the ACA: “Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
(Supporters and opponents of the confirmation confront each other in front of the Supreme Court.)
(Tyrone Turner | WAMU)
On the other hand, in a mock trial that happened just one week before Ruth Bader Ginsburg's death, Barrett was one of eight judges that ruled against “the administration and Republican states’ request to strike down the law”. This comes as a surprise to many, who fear that the ACA will be overruled with Barrett in as a Supreme Court Judge. Still, one can’t be sure which side Barrett will choose in the future. Besides these very important topics, in the hearing, Amy Barrett answered questions about climate change by calling it “politically controversial”.
Associations such as the Alliance for Justice are concerned about what Barrett’s confirmation will mean to the rights of "people of color, women, LGBTQ Americans, immigrants, persons with disabilities, workers, consumers, (and topics such as) gun safety and clean air and clean water.” Human Rights First warned that Barret “overwhelmingly affirmed decisions denying asylum and other forms of relief to immigrants” and “disregarded egregious forms of persecution, and failed to consider the impact of trauma on the testimony of asylum seekers.”
But people have not accepted Barrett’s confirmation without protest. Not only because of Senator Lindsey Graham’s “Use my words against me”-lie, but because there is hope that Joe Biden will win the presidential election on November 3rd. Alexandria Ocasio-Cortez–aka AOC–tweeted on the 27th of October: “There is a legal process for expansion” and was supported by Ilhan Omar adding:
“By expanding the court we fix this broken system and have the court better represent the values of the American people.”
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Ruth is a political writer for La Tonique.
