US Senate confirms Supreme Court pick Barrett in nearly party-line vote

Amy Coney Barrett, a federal appeals court judge, is US President Donald Trump's third selection for the Supreme Court.
Amy Coney Barrett, a federal appeals court judge, is US President Donald Trump's third selection for the Supreme Court.PHOTO: BLOOMBERG

WASHINGTON (REUTERS)- The Republican-controlled US Senate handed President Donald Trump a major pre-election political victory on Monday (Oct 26) by confirming his Supreme Court nominee, Ms Amy Coney Barrett, in a ceremony coming just eight days before the presidential election.

The made-for-TV prime-time event on the White House lawn mirrored one a month ago, when Barrett’s nomination was announced, which preceded a coronavirus outbreak among top Republicans including Trump himself.

It came little more than an hour after the Republican-controlled Senate confirmed Barrett to the lifetime appointment on a 52-48 vote, with Democrats unified in opposition.

Her confirmation as successor to liberal Justice Ruth Bader Ginsburg, who died last month, creates a 6-3 conservative majority on the high court. One Republican, Susan Collins, voted against the confirmation.

Trump, who has been touting the appointment at campaign rallies to the cheers of his supporters, had pressed the Senate to confirm Barrett, 48, before the Nov. 3 election in which he trails Democrat Joe Biden in national opinion polls. No Supreme Court justice had ever been confirmed so close to a presidential election.

“The Barrett family has captured America’s heart. It is highly fitting that Justice Barrett fills the sea of a true pioneer for women, Justice Ruth Bader Ginsburg,” Trump said with a smiling Barrett at his side.

In contrast to the White House event last month, more people wore masks and seats were spread out to ensure social distancing. Several of the Republican senators who voted to confirm Barrett were in attendance, although not Majority Leader Mitch McConnell, who has not been to the White House since August due to COVID-19 concerns.

Conservative Supreme Court Justice Clarence Thomas, wearing his judicial black robes, administered one of the two oaths of office that justices have to take.

Barrett vows independence

In brief remarks, Barrett declared her independence from Trump and the political process even as the president stood behind her. 

“The oath that I have solemnly taken tonight means at its core I will do the job without fear or favor and do it independently of the political branches and of my own preferences,” she said.

After the ceremony, Trump and Barrett waved to applauding guests from the White House balcony.

Chief Justice John Roberts will administer the separate judicial oath at the court on Tuesday, the court said in a statement.

Trump’s other Supreme Court appointees are conservatives Neil Gorsuch and Brett Kavanaugh.

Trump has said he expects the court to decide the outcome of the election and wants Barrett to participate on any election-related cases that go before the justices.

Just before the Senate vote, the court on a 5-3 vote with the conservative justices in the majority, issued an order curbing the deadline for mail-in ballots to be received in the electoral battleground of Wisconsin.

Barrett’s confirmation shifts the Supreme Court further to the right, which could pave the way to conservative rulings curbing abortion rights, expanding gun rights and limiting voting rights, among other things.

Senate Democratic leader Chuck Schumer said the Republican majority was “lighting its credibility on fire” by proceeding with the vote so close to the election after blocking Democratic President Barack Obama’s election-year nominee in 2016.

“The truth is this nomination is part of a decades-long effort to tilt the judiciary to the far right,” he added.

McConnell defended Barrett’s nomination.

“We don’t have any doubt, do we, that if the shoe was on the other foot, they’d be confirming,” Mr McConnell said. “You can’t win them all, and elections have consequences.”

The move sparked outrage on the left, with Representative Alexandria Ocasio-Cortez, one of the most liberal members of Congress, tweeting, “expand the court.” That is a reference to adding more justices to balance the three Trump has named.

No nominee to the Supreme Court had ever been confirmed by the Senate this close to a presidential election. Mr Trump has been touting the appointment at campaign rallies to the cheers of his supporters.

Mr Trump has said he expects the court to decide the outcome of the election between him and Democrat Joe Biden and wants Ms Barrett to participate on any election-related cases that go before the justices.

Ms Barrett, a federal appeals court judge, is Mr Trump’s third selection for the court, enabling him to remake it in dramatic fashion as part of his success in moving the broader federal judiciary to the right since taking office in 2017.

Obamacare case

Ms Barrett is expected to participate in arguments on Nov 10 in a case in which Mr Trump and Republican-led states are seeking to invalidate the Affordable Care Act.

The 2010 healthcare law, also known as Obamacare, has helped millions of Americans obtain medical insurance and barred private insurers from denying medical coverage to people with pre-existing conditions.

Ms Barrett has criticised previous rulings upholding Obamacare but said during her confirmation hearing she had no agenda to invalidate the measure.

During her confirmation hearing before the Senate Judiciary Committee two weeks ago, Ms Barrett, a favourite of Christian conservatives, irked Democrats by sidestepping questions on abortion, presidential powers, climate change, voting rights, Obamacare and other issues.

The Sept 26 Rose Garden ceremony at which Mr Trump named Ms Barrett as his nominee preceded a wave of Covid-19 cases among top Republicans including Trump and first lady Melania Trump.

The president spent three nights hospitalized receiving Covid-19 treatment.

The event, part of which occurred in the White House Rose Garden, was crowded with guests, many of whom did not wear masks.

White House Chief of Staff Mark Meadows told reporters that Monday’s event likely would be held outdoors.

“Tonight, we’ll be doing the best we can to encourage as much social distancing as possible,” Mr Meadows said.

Senator Kevin Cramer, a Republican and Trump ally, said he was not overly concerned about attending the White House event.

“I would anticipate that everybody will practise good hygiene, social distancing, whatever is appropriate,” Mr Cramer told reporters.

Several other Republican senators said they were not sure they would attend, and Mr McConnell did not reply when asked by a reporter. Earlier this month, Mr McConnell said he had not been at the White House since August because of its handling of Covid-19 precautions.