2020 U.S. presidential election: Trump Supreme Court nominee Amy Cooney Barrett...

12 October 2020

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Judge Barrett said that political decisions are made by elected politicians, not Supreme Court justices

Judge Amy Connie Barrett, US President Donald ’s candidate for the vacant seat on the Supreme Court, appears before the Senate Judiciary Committee during the four days of the confirmation hearings.

The 48-year-old conservative judge pledged to rule the cases fairly.

But her appointment, which is very close to the date of the presidential elections scheduled for next November 3, ignited a political rift between Republicans and their Democratic opponents.

The approval of the appointment of Judge Barrett will strengthen the conservative majority on the Supreme Court.

Conservative judges would have a 3-6 majority on the Supreme Court, which would alter its ideological balance for decades to come.

President Trump had chosen Judge Barrett to replace Liberal Judge Ruth Bader Ginsburg, who died last month at the age of 87.

The Republicans, who hold a slim majority in the Senate, which approves the appointment of Supreme Court judges, are now trying to finish the process before Trump faces his Democratic opponent, Joe Biden in the presidential election.

The nine appointed Supreme Court judges serve for life. Their decisions can shape public policy on everything from gun ownership and voting rights issues to abortion and campaign financing.

Democrats fear that Barrett’s appointment will give Republicans an advantage in politically sensitive cases that reach the Supreme Court.

In his opening speech, Chairman Lindsey Graham described Judge Barrett as “in the category of distinction, something the country should be proud of,” but that he expected “a long and contentious week” of the hearings.

Prominent Democrat on the committee, Diane Feinstein, opened her remarks in defense of health care reforms passed under President Barack Obama, saying that Barrett’s appointment could threaten access to health care for millions.

“Simply, I don’t think we should go ahead with this appointment,” said Feinstein, calling for the hearings to be postponed until after the presidential election.

What will Judge Barrett say to the senators in her opening remarks?

In what is considered an actual interview for the position, the confirmation hearing will give Barrett an opportunity to explain her judicial philosophy and qualifications for the life-long position.

In her prepared speech, published ahead of the hearing, Barrett thanked President Trump for entrusting her with “this profound responsibility,” which she describes as “honoring life.”

In her speech, Barrett, who has seven children, will talk about the importance of her family and how her parents prepared her for “a life of public service, principle, faith and love.”

She will pay tribute to the justices she has worked with, including former Supreme Court Judge Antonin Scalia.

Barrett will say that Judge Scalia’s reasoning “shaped me”. She will also say: “His judicial philosophy was simple: The judge should apply the law as it was written, not as the judge wanted.”

She will also say that she has “decided to preserve the same perception” in her judicial work.

And she speaks of her belief that making “political decisions and assessing judgments” is a matter for the elected politicians and not the justices of the Supreme Court.

On the way she conducts her work, Barrett will say: “In each case, I carefully studied the arguments presented by the parties, discussed issues with my colleagues in court, and did my utmost to reach the outcome required by law, whatever my own preferences.”

She points out that “when I write an opinion on resolving a case, I read every word from the perspective of the losing party. I ask myself how would I view the decision if one of my children were the party against whom I adjudicate.”

What about fears of the Corona virus?

The hearing room has been equipped in consultation with health officials in order to ensure that social distancing rules are enforced.

Two Republican members of the committee, Mike Lee and Tom Telles, had tested positive for corona. Lee personally attended today’s Senate hearing, but Tillis said he will attend the first day of the hearings remotely.

Senator Kamala Harris, the Democratic vice presidential candidate, who is known as one of the toughest interviewers in the room, said she would participate remotely from her Senate office.

Judge Barrett and her family members in attendance wore masks while senators took turns reading their opening statements.

What is the mapping installation process?

After the appointment hearing is over, any committee member can request an additional week before the formal vote takes place. It is unclear whether members will be able to vote remotely.

After that, the Senate – the upper house of the US Congress – will vote to confirm or reject the appointment of Judge Barrett.

And Republicans seem to have the 51 votes required to approve Judge Barrett.

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Judge Barrett will pledge to do her best to reach the outcome required by law, whatever her own preferences.

Senate majority leader Mitch McConnell has pledged to hold the confirmation vote before the presidential election.

Unless surprisingly, it appears that Democrats have few procedural options to prevent the Senate from passing her appointment to the Supreme Court.

لماذا Set raises Judge Barrett all of thisaEmbarrassment?

Since Judge Jensburg died of cancer on September 18, Republican senators have been accused of hypocrisy for pushing ahead with appointing a Supreme Court candidate during a presidential election year.

In 2016, Mitch McConnell refused to hear Democratic President Barack Obama’s Supreme Court nominee, Merrick Garland.

The Republicans succeeded in blocking the nomination process, which came 237 days before the date of the elections, because they held a session of the Council and went on to say that the decision should be made at a time outside the year in which the elections are held.

This time, McConnell praised Judge Barrett’s appointment, saying the president “could not have made a better decision.”

Democrats say Republicans should hold their ground and let the voters decide. But Republicans respond by saying that the Democrats have also changed their minds since 2016.

Biden described Trump’s efforts to appoint a Supreme Court judge as an “abuse of power.”

He has so far declined to comment on whether the Democrats would try to add seats to the Supreme Court if he wins the presidential election.

Democrats urged Judge Barrett not to participate in any cases involving the outcome of the presidential election and the upcoming challenge to the health care law known as “ObamaCare.”

Their argument is that, because she was appointed by President Trump during an election campaign, it would not be ethical for her to rule on such issues.

Democrats also raised concerns about the spread of the Corona virus among senior politicians, including Republicans, who participated in the hearings to confirm Judge Barrett’s appointment.

But Republican leaders, keen to press ahead with the appointment, rejected pleas for the hearings to be delayed.

Who is Amy Connie Barrett?

* The candidate preferred by social conservatives because of her record of attitudes on issues such as abortion and same-sex marriage.

* A committed Catholic, but she insists that her faith will not affect her legal opinion.

Fundamentalism, which means its interpretation of the American Constitution as intended by its drafters, and not as a constitution compatible with changing times.

* She lives in Indiana and has seven children, including two who were adopted from Haiti.

Analysis: Anthony Zürcher: BBC North America correspondent

The change in the court’s ideological balance will have an impact on all aspects of American life and throughout the United States. Perhaps this change will be more in Texas than anywhere else.

While the political row over Trump’s appointment rages in Washington, DC, some of the biggest court battles to reach the Supreme Court in recent years have come from Texas.

The state, which is accustomed to broadening and pushing the boundaries of conservative law and its issues to the limit, has not always won those high-profile cases.

In cases relating to anti-sodomy law, voting rights, the death penalty and, more recently, abortion, it often came close to approval, often with a slim majority in decisions with a 5 to 4 vote.

However, with the death of Judge Jensberg and Judge Barrett’s willingness to take a seat on the court, Texas conservatives are optimistic about turning things around in the Supreme Court in their favor.

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