Amy Coney Barrett: Why it is More Than a Nomination (A Left Take)

Justice Amy Coney Barrett was confirmed on October 26 with every Democratic senator and one Republican senator, Susan Collins, voting on opposition. She was confirmed after 30 days of being the Republican senate majority nominee where, as of right now, there is still no second COVID-19 relief bill. The confirmation of now-Justice Amy Coney Barrett is more than adding another justice to the Supreme Court. It is about cementing a minority conservative belief system in the courts to influence our lives for decades to come.

First and foremost, her life as an associate justice of the Supreme Court will always be seen as invalid for many because of the blatant hypocrisy of the senate Republicans during her confirmation process. Back in March 2016, then-President Barack Obama nominated Merrick Garland to succeed the late Justice Scalia’s seat. Senate Republicans Lindsey Graham, Ted Cruz, John Cornyn, and Mitch McConnell would not even consider Garland’s confirmation because Obama was a lame-duck president in an election year, which would have given the Supreme Court a liberal majority of 5-4. Republican presidential candidates like outgoing president Donald Trump even said that the next president should be the one to choose who to fill Justice Scalia’s seat. It is clear that the Republicans in 2016 were solely seeking power and the weakening of the opposition party-- some even admitted that if Hilary Clinton won, and the Republicans were to retain their majority, they would continue to block any confirmations to the supreme court. Thus, the Republican party has clearly not stuck to their promises made back in 2016.

Secondly, her conservative addition to the already conservative majority Supreme Court is obviously every liberal activist's nightmare. Many liberal activists advocate for voting rights, racial equality, a women’s right to choose, and LBGTQIA+ rights. Amy Coney Barrett is nearly the opposite of what I just said. Her Catholic background was never an issue among the Democrats in her month-long process despite conservative media running with the storyline of "a democratic attack on her faith." The Democrats' primary concern was that she would decide cases based on her religion instead of maintaining a secular mindset. These concerns were exacerbated during the confirmation hearings when Barrett implied her disapproval of the Roe v. Wade decision. However, she stated her approval of the decision made in Brown v. Board of Education because “no one questions” its ruling anymore. Her inconsistent opinions in landmark cases are very dangerous, especially when some landmark cases like Obergefell v. Hodges were 5-4 decisions. If another landmark case were to be brought to the Supreme Court, Barrett’s vote could be the difference between progress for the nation or more outdated conservative influence affecting people's daily lives. Since Chief Justice Roberts is the swing conservative vote in the court, if he sides with the liberal justices, Amy Coney Barrett would most likely side with the 4 conservatives making a close case a conservative win.

Many of those who supported Barrett's confirmation claimed that since the Senate and the White House are of the same political party now, unlike in 2016, it's not hypocritical for the confirmation to have been rushed through. However, those people must have selective memory because their argument in 2016 was about continuing a decades-long precedent and letting the people decide-- not about the difference in political beliefs of the Senate and president. Some conservatives have also made the argument that Justice Barrett would not be taking away anyone’s rights. While literally it is true, figuratively, it is not because the decisions of the highest court in the land impact everyone. For example, regarding the protection of gay marriage and abortion rights, those issues would be up to the state legislatures to decide if conservatives triumphed in the Supreme Court. However, a landmark liberal win in the Supreme Court would not put these vital rights at risk in any states.

While a firm conservative majority of the Supreme Court is a misrepresentation of the American people, there are ways to fix it. The easiest way to make the court equal would be to add 2 more liberal justices onto the Supreme Court, making the total number of justices eleven, still leaving a conservative majority on the court. Another way to balance the court would be to impeach a justice, likely Justice Kavanaugh. While unlikely to occur, Justice Kavanaugh could be impeached by the House, but a supermajority vote to remove him from the court is almost impossible. While there is some hope for judicial progress in America, the stain that the confirmation of Amy Coney Barrett had on the autonomy of the Supreme Court will continue to negatively impact how people view one of the oldest apolitical institutions in the United States.