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‘Judges Are Not Policymakers’: Amy Coney Barrett Accepts Trump Supreme Court Nomination

This article is more than 3 years old.
Updated Sep 26, 2020, 08:03pm EDT

Topline

President Donald Trump on Saturday officially nominated Seventh Circuit Court of Appeals Judge Amy Coney Barrett to replace the late Supreme Court Justice Ruth Bader Ginsburg, setting up a contentious battle in the Senate.

Key Facts

Barrett has described herself as an “originalist,” meaning she interprets the Constitution based on what she believes was the original intent of its authors, a legal approach used by conservative members of the court.

In accepting the nomination, Barrett summed up her judicial philosophy: “Judges are not policymakers and they must be resolute in setting aside any policy views they might hold.”

Barrett said Ruth Bader Ginsberg “smashed” glass ceilings and praised Ginsburg’s friendship with the late Justice Antonin Scalia even though they disagreed fiercely, saying she strives to “meet that standard” in her personal and professional relationships.

Trump called Barrett’s record “beyond reproach” and said it should be a “straightforward and prompt confirmation,” though the process is likely to be anything but in the face of stiff opposition from Democrats and skepticism from a few Republicans.

If confirmed, Barrett would be Trump’s third Supreme Court pick.

Republicans are aiming to start confirmation hearings on October 12, according to multiple media reports.

Crucial Quote

“I clerked for Justice Scalia more than 20 years ago, but the lessons I learned still resonate. His judicial philosophy is mine too,” Barrett said. “A judge must apply the law as written.”

Key Background

Barrett has questioned Roe v. Wade, and previously said that life begins at conception. But she also said in 2018 it’s “very unlikely” the court would ever overturn the decision, adding that “the controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.” Barrett is a member Catholic group People of Praise, which requires members to swear “lifelong promises” to each other and use personal advisors assigned to them, leading some to question whether that would impact her jurisprudence. She said in her appellate judge hearing in 2017 that her religious beliefs would not impact her rulings.

What’s Next

While Sens. Susan Collins (R-ME) and Lisa Murkowski (R-AK) have signaled they will not vote on a nominee before the November election, two more Republicans would have to defect in order to block Barrett’s nomination. GOP Senate Majority Leader Mitchell McConnell has vowed to hold a vote on Trump’s pick before the election, even though he refused to consider Barack Obama’s nominee in 2016 because it was an election year.

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