The Senate on Thursday took the next step to confirming Amy Coney Barrett to the Supreme Court. The Senate Judiciary Committee held an early morning vote on Thursday, October 22nd. Under Senate rules, a Supreme Court Justice nominee must first pass a vote in the Judiciary Committee before the nomination is moved to a full Senate vote.
Where the Votes Landed
The Senate Judiciary Committee consists of 22 US Senators. The 12 sitting Republican Senators voted to move the nomination process to the full Senate floor. On the other hand, the ten sitting Democrat Senators did not vote out of protest, and they were considered abstention votes. With Republicans holding the majority in the Judiciary Committee, they were able to pass the motion with zero difficulties.
The Democrats Protest
Since the Trump administration and Senate Republicans first began the nomination process, Democrats have had concerns.
The Democrats do not feel that a new Supreme Court Judge should be confirmed with so little time until the next election. This feeling stems from Mitch McConnel not holding a vote for Barack Obamas’ Supreme Court nominee before the 2016 election. Mitch McConnell argued that since the 2016 election was around the corner, the Senate should wait to vote until after the election.
In response to the Democrats’ concerns, Senate Republicans argue that the two situations are entirely different. During 2016, the Democrats only had control of the White House and not the Senate. Therefore, the Republicans make the case that they had the right in 2016 to block the nomination of someone they viewed as not having the standards required for the Supreme Court.
The Democrats also worry that once Amy Coney Barrett joins the Supreme Court, she will work to undo laws the Democrats want to keep in place. An example of this is the Affordable Care Act. During Amy Coney Barret’s time as a law professor at Notre Dame, she often lectured against the Affordable Care Act and criticized Cheif Justice John Roberts’ rationale for finding the law constitutional. However, during her confirmation hearing earlier this month, Amy Coney Barret stated, “I’m not here on a mission to destroy the Affordable Care Act.” She also pressed that she was not on any Republican orders to dismantle the law.
It makes sense that Trump and Republicans would choose a Supreme Court nominee that opposes the Affordable Care Act. For the last several election cycles, Republicans have used the Affordable Care Act’s repeal as a significant campaign promise. However, over the previous four years, the Republicans have tried and failed to remove the Affordable Care Act through the legislative process. Many Republicans, including Donald Trump, believe the best chance to remove the Affordable Care Act is through the Supreme Court.
What Happens Next
With the recent decision reached by the Senate Judiciary Committee, Amy Coney Barrett now has a clear shot of receiving the nomination. On Monday, October 26, the entire Senate floor will vote on Amy Coney Barrett becoming a Supreme Court Justice. For the nomination to go through, Mitch McConnell will need a simple majority of 51 Senators. With Republicans holding 53 Senate seats, there is very little the Democrats can due to stop the nomination process.
Bibliography
Biskupic, Joan. “What Amy Coney Barrett Could Mean for Obamacare.” CNN, Cable News Network, 12 Oct. 2020, www.cnn.com/2020/10/10/politics/affordable-care-act-amy-coney-barrett-obamacare/index.html.
Naylor, Brian. “Barrett Says She Has 'No Animus' Toward Obamacare.” NPR, NPR, 14 Oct. 2020, www.npr.org/sections/live-amy-coney-barrett-supreme-court-confirmation/2020/10/14/923681761/barrett-says-she-has-no-animus-toward-obamacare.
Walsh, Deirdre. “Takeaways From Amy Coney Barrett's Judiciary Confirmation Hearings.” NPR, NPR, 15 Oct. 2020, www.npr.org/2020/10/15/923637375/takeaways-from-amy-coney-barretts-judiciary-confirmation-hearings.
Wise, Alana, and Brian Naylor. “Amy Coney Barrett Moves A Step Closer To Confirmation After Judiciary Committee Vote.” NPR, NPR, 22 Oct. 2020, www.npr.org/2020/10/22/926228121/amy-coney-barrett-moves-a-step-closer-to-confirmation-after-judiciary-committee-.
