Saturday, September 26, 2020

Trump's Appointment of Amy Coney Barrett to the SC is "Not a Lateral Move"

I saw President Trump's appointment of 7th Circuit Court of Appeals judge Amy Coney Barrett to succeed the late Ruth Bader Ginsburg on the U.S Supreme Court a short time ago.

During Barrett's remarks she praised Ginsburg and her friendship with the late Antonin Scalia for whom she clerked in 1998-1999. Barrett comes across as a reasonable and sympathetic figure. 

She also came across this way in an interview she did with the CBS Morning News on February 15, 2016 - two days after Scalia's sudden death. 

Towards the end of the interview, however, Barrett was asked about the appropriateness of the President appoint a justice in an election year. Here is most striking portion of her response:

Morever, (Anthony) Kennedy is a moderate Republican and he replaced a moderate Republican (Lewis) Powell. We're talking about Justice Scalia, the staunchest conservative on the court, and we're talking about him being replaced by someone who could dramatically flip the balance of power on the Court. It's not a lateral move.

Well, we're now talking about Justice Ginsburg, the staunchest liberal on the court, and we're talking about her being replaced by someone who could dramatically flip the balance of power on the Court. By Barrett's own standards, Trump's appointment of her is not a lateral move.

A month after this interview, President Obama appointed Merrick Garland, a moderate liberal, but someone Mitch McConnell thought could dramatically flip the balance of power on the Court and he moved Heaven and Earth to ensure Garland never got a hearing much less to meet with Republican Senators on Capitol Hill.

One wonders about the thinking behind Barrett's statement. No doubt she thought if McConnell could prevent Obama's appointee from being confirmed then a Republican President could appoint a staunch conservative to the highest court to replace Scalia - perhaps even herself. At the very least, Barrett had to know that a Republican President would appoint her to the federal judge given her history with Scalia. Trump appointed her to the 7th Circuit in 2017. 

If McConnell insists on rushing through Barrett's appointment before the election then I hope Senate Democrats on the Judiciary Committee (possibly even Kamala Harris) will see fit to press her on this particular statement.

Chances are Barrett will be confirmed. But perhaps an inadequate statement on this question might push a couple of Republican Senators (especially those who face a tough re-election) to reconsider and reject her nomination. Failing that a quick Senate confirmation of Barrett after refusing to even consider Garland or respecting Ginsburg's last wish might be icing on the cake for a Democratic landslide in both the Senate and the White House.

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