Amy Coney Barrett picked by Trump for Supreme Court

Amy Coney Barrett 'to be picked by Trump for Supreme Court'
26 September 2020

US President Donald Trump will reportedly nominate Amy Coney Barrett, a favourite of social conservatives, to be the new Supreme Court justice.

The president's decision - to be revealed at the White House on Saturday - has been confirmed to the BBC's US partner CBS News and other US media.

She would replace liberal Justice Ruth Bader Ginsburg, who died last Friday.

The nomination will touch off a bitter Senate fight to get her confirmed as November's presidential election looms.

CBS - citing several sources involved in or familiar with the selection process - reported that the president had settled on Judge Barrett.

But when asked about his choice on Friday evening, Mr Trump refused to give anything away: "You'll find out tomorrow. Look, they're all great. It could be any one of them."

If Judge Barrett is confirmed, conservative-leaning justices will hold a 6-3 majority on America's highest court for the foreseeable future.

The 48-year-old would be the third justice appointed by this Republican president, after Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The Supreme Court's nine justices serve lifetime appointments, and their rulings can shape public policy on everything from gun and voting rights to abortion and campaign finance long after the presidents who appoint them leave office.

In recent years, the court has expanded gay marriage to all 50 states, allowed for Mr Trump's travel ban on mainly Muslim countries to be put in place, and delayed a US plan to cut carbon emissions.

Tricky position for Democrats

Amy Coney Barrett has been on Donald Trump's shortlist for Supreme Court vacancies for some time, but the word was that she would be the most appropriate replacement for Ruth Bader Ginsburg.

As of last week, that was no longer a hypothetical scenario.

Even before Mr Trump reportedly settled on Judge Barrett as his pick, conservatives were rallying around the nominee, whoever it might be. And if they stick together, as all but two seem to be doing, her confirmation appears assured - whether it's before November's election or in a "lame duck" Senate session afterward.

The choice of Judge Barrett puts Democrats in a tricky position. They have to find a way of undermining support for the nominee without seeming to attack her Catholic faith or personal background - moves that could risk turning off some voters in November. They will seek to delay the proceedings as best they can, while keeping their focus on issues like healthcare and abortion, which could be at the centre of future legal battles with Justice Barrett on a conservative-dominated court.

Then they have to hope Judge Barrett, or the Republicans, make some kind of critical error. It's a tall order, but for the moment it's the only play they have.

Who is Amy Coney Barrett?

She is described as a devout Catholic who, according to a 2013 magazine article, said that "life begins at conception". This makes her a favourite among religious conservatives keen to overturn the landmark 1973 Supreme Court decision that legalised abortion nationwide.

Her links to a particularly conservative Christian faith group, People of Praise, have been much discussed in the US press. LGBT groups have pointed out that the group's network of schools have guidelines stating a belief that sexual relations should only happen between heterosexual married couples.

One such group, Human Rights Campaign, has voiced strong opposition to Judge Barrett's confirmation, declaring her an "absolute threat to LGBTQ rights".

She has repeatedly insisted her faith does not compromise her work.

Judge Barrett has also ruled in favour of President Trump's hardline immigration policies and expressed views in favour of expansive gun rights.

Conservatives hope she will help to invalidate Obamacare, the health insurance programme that was introduced by President Trump's democratic predecessor, Barack Obama.

Some 20 million Americans could lose their health coverage if the court overturns the Affordable Care Act (ACA).

Democrats have rallied support over this issue, but it is thought unlikely that the Supreme Court will rule on the ACA before the 3 November election.

Nominated by Mr Trump to the Chicago-based 7th Circuit Court of Appeals, Judge Barrett was confirmed by the Senate in a 55-43 vote in October 2017 after a tough process. She was one of the names the president considered to replace Justice Anthony Kennedy in 2017.

After graduating from Notre Dame University Law School in Indiana, she clerked for the late Justice Antonin Scalia, who died in 2016. She served as a legal scholar at Notre Dame for around 15 years.

Born in New Orleans, she is married to a former federal prosecutor in South Bend, Indiana, and together they have seven children.

Two of them were adopted from Haiti and their youngest biological child has Down Syndrome.

Will Judge Barrett be confirmed?

The White House has begun contacting Republican Senate offices to schedule meetings with the nominee next week, two sources familiar with the planning told CBS.

The courtesy calls are expected to start on Wednesday. The nominee will then be grilled by the Senate Judiciary Committee - on which 22 Republicans and Democrats sit.

The hearings usually last between three and five days. Afterwards committee members will vote on whether to send the nomination to the full Senate. If they do, all 100 senators will vote to confirm or reject her.

Republicans hold a slim majority of 53 senators in the chamber, but they already seem to have the 51 votes they need to get Judge Barrett confirmed.

Senate majority leader Mitch McConnell has vowed to hold a confirmation vote before the White House election on 3 November.

Barring a surprise, Democrats seem to have few procedural options to prevent her gliding through the Senate to the Supreme Court bench.

Why is the nomination controversial?

Since Ginsburg's death, Republican senators have been accused of hypocrisy for pressing ahead with a Supreme Court nomination during an election year.

In 2016, Mr McConnell refused to hold hearings for Democratic President Barack Obama's nominee for the court, Merrick Garland.

The nomination, which came 237 days before the election, was successfully blocked because Republicans held the Senate and argued the decision should be made outside of an election year.

With 39 days before the 2020 election, Democrats now say the Republicans should stand by their earlier position and let voters decide.

Democratic presidential candidate Joe Biden said Mr Trump's efforts to appoint a justice were an "abuse of power".

A Reuters/Ipsos opinion survey conducted after Ginsburg's death found that 62% of US adults thought the vacancy should be filled by the presidential election winner, while 23% disagreed and the rest said they were not sure.

Opinion: Amy Coney Barrett’s Supreme Court nomination puts a spotlight on charismatic Catholicism
Published: Sept. 26, 2020 at 5:14 p.m. ET
By Mathew Schmalz, MarketWatch

What do communities like “People of Praise” believe?

Amy Coney Barrett will be Donald Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court

Questions have been raised about her alleged association with the “People of Praise,” a nondenominational Christian charismatic community, seen by some as being a potential influence on her legal thinking, particularly concerning abortion rights.

The People of Praise leave it to individual members to disclose their affiliation, and Barrett has not spoken about her membership. And so, the question remains: What is charismatic Catholicism?

Pentecostalism in the U.S.

Catholic charismatics practice forms of Pentecostalism that embrace the belief that individuals can receive gifts of the Holy Spirit.

Modern Pentecostalism in the United States began on Azuza Street in Los Angeles.

Starting in 1909, African American pastor William J. Seymour led a congregation in the city that claimed to have received miraculous gifts from God, such as prophecy and the power to heal. The movement came to be known as Azuza Street revival.

Members of the Azuza Street congregation believed that they had been given the same blessings as those received by the disciples of Jesus. According to the Bible’s Acts of the Apostles, on the Pentecost – the Jewish Shavuot harvest festival 50 days after Passover – the Holy Spirit came down in the form of flames over the disciples’ heads. Afterward, it is believed, the disciples were able to speak in languages they did not know in order to proclaim “the wonders of God.”

In Christianity, the Holy Spirit is the third person of the Trinity and is associated with God’s action in the world.

The Catholic charismatic movement

These Pentecostal teachings went on to influence the Catholic charismatic movement that initially took hold in the U.S. in the 1960s.

During a 1967 prayer meeting at Dusquesne University in Pittsburgh, a group of students and professors spoke about special “charisms,” or gifts, received through the Holy Spirit.

According to firsthand accounts, faculty were deeply influenced by two books from the Pentecostal tradition, “The Cross and the Switchblade” and “They Speak with Other Tongues.”

Similar experiences of the Holy Spirit were later reported at prayer meetings at the University of Notre Dame and the University of Michigan.

From these beginnings, the Catholic charismatic movement has spread throughout the world.

For Catholic charismatics, the central experience is “the baptism of the Holy Spirit.” The baptism of the Holy Spirit differs from the traditional Catholic infant baptism with water. Adults baptized in the Holy Spirit have their faith reborn and strengthened by members of the congregation laying their hands on them.

Often a sign of baptism of the Holy Spirit is “glossolalia,” or “speaking in tongues.” Speaking in tongues refers to using an unintelligible language, which is often interpreted by someone else in the congregation. Usually glossolalia is considered a form of prayer. But other times, glossolalia is believed to contain prophecies about present or future events.

Participants in the Catholic charismatic movement also claim spiritual and physical healing associated with the power of the Holy Spirit working through believers.

Catholic charismatic prayer services are enthusiastic and involve energetic singing, hand clapping and praying with arms outstretched.

Controversy and support

There are also forms of charismatic Catholicism that believe in driving out evil spirits.

A Catholic charismatic community in India that I researched practiced exorcism as well as faith healing. The group also had a list of evil spirits that they claimed to have dealt with.

Not all Catholic charismatic groups perform exorcisms, especially since the Vatican tightened exorcism procedures by allowing them to be formally performed only by priests. But Catholic charismatic practices remain controversial for some because they differ from mainstream Catholic worship.

Recently, Catholic charismatics have found a strong ally in Pope Francis. In fact, at Rome’s Olympic Stadium, the pope once knelt and was blessed by a gathering of thousands of Catholic charismatics, all speaking in tongues.

Commentators disagree about whether Barrett’s membership in a charismatic religious community should be an issue in any potential nomination hearings. But charismatic or Pentecostal groups and churches represent the fastest-growing  segment of Christianity throughout the world. For this reason, Amy Coney Barrett’s beliefs may be shared by many contemporary Christians.

Now read: This chart shows which of Trump’s Supreme Court possibilities is the one most likely to stay conservative — and it’s not Amy Coney Barrett

Senators Collins, Murkowski Vote Against Moving Forward with Judge Amy Coney Barrett’s Confirmation
Zachary Evans, National Review • October 23, 2020

Senators Susan Collins (R., Maine.) and Lisa Murkowski (R., Alaska) voted on Friday against moving the Senate into an executive session to allow McConnell to expedite the final confirmation vote that is expected to seat Judge Amy Coney Barrett to the Supreme Court.

The Senate ended up approving the move to executive session — which allows McConnell to file cloture, thereby overcoming any potential filibuster — by a vote of 51-46. Republicans are attempting to confirm Judge Barrett to the Court bench next week, cementing a 6-3 majority of conservative justices.

However, moderate Republicans Collins and Murkowski did not support the motion. Collins has already stated she will not vote in favor of Barrett’s nomination because of the vote’s proximity to the presidential election.

Additionally, the Maine senator is in the midst of a difficult reelection campaign against Sarah Gideon, the Democratic speaker of the state House. President Trump is deeply unpopular among Maine voters, and the senator has struggled to keep a level of ideological distance between Trump and herself.

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Murkowski has not stated definitively how she will vote during the confirmation, although she, like Collins, has repeatedly voiced opposition to holding the confirmation in the week before elections.

“I’ve shared for a while that I didn’t think we should be taking this up until after the election, and I haven’t changed,” Murkowski told Newsweek on Thursday. When asked if her comments meant she intends to vote against Barrett’s confirmation, the senator responded, “That means I haven’t changed my mind on that.”

Senate Majority Leader Mitch McConnell has vowed to confirm Barrett on Monday. While Senate Minority Whip Dick Durbin (D., Il.) has acknowledged that the Democrats cannot effectively stop the confirmation, Democrats engaged in procedural delay tactics on Friday in an attempt to slow the process.

Amy Coney Barrett confirmed to US Supreme Court
Published 17 minutes ago | BBC

The US Senate has confirmed Judge Amy Coney Barrett to the Supreme Court in a victory for President Donald Trump a week before the general election.

Mr Trump's fellow Republicans voted 52-48 to approve the judge, overcoming the unified opposition of Democrats.

The 48-year-old is expected to take the oath of office at the White House on Monday night.

Her appointment seals for the foreseeable future a 6-3 conservative majority on the top US judicial body.

Only one Republican, Senator Susan Collins, who faces a tough re-election battle in Maine, voted against the president's nominee in Monday evening's vote.

Judge Barrett is the third justice appointed by the Republican president, after Neil Gorsuch in 2017 and Brett Kavanaugh in 2018.

The federal appeals court judge from Indiana fills the vacancy left by Justice Ruth Bader Ginsburg, a liberal icon who died last month.

Democrats had argued for weeks that it should be up to the winner of the 3 November election to pick the nominee.

Shortly before the Senate vote, Chuck Schumer, the Democratic leader, vowed his party would "not stop fighting".

But although his colleagues took to the floor of the upper chamber to denounce the proceedings, they had no further options to block the confirmation.

Who is Amy Coney Barrett?

Favoured by social conservatives due to record on issues like abortion and gay marriage
A devout Catholic but says her faith does not influence her legal opinion

An originalist, which means interpreting US Constitution as authors intended, not moving with the time
Lives in Indiana, has seven children including two adopted from Haiti

But Republican Senate leader Mitch McConnell stood by his party's decision to forge ahead with the confirmation vote.

The Kentucky senator said: "We don't have any doubt, do we, that if the shoe was on the other foot, they'd be confirming. You can't win them all, and elections have consequences."

President Trump, just returned from campaigning in Pennsylvania, will preside over Justice Barrett's swearing-in ceremony at the White House later on Monday evening.

Conservative Supreme Court Justice Clarence Thomas will administer one of the two oaths of office that justices take, according to the White House.

The event will take place on the south lawn of the executive mansion, a month after a similar event to unveil Justice Barrett as the president's nominee was linked to a Covid-19 outbreak that was followed by the president himself testing positive for the disease.

Justices usually take a separate judicial oath at the court itself a short ride away from the White House, but no details have yet been announced.

Why do the Drats hate female judges? What are they afraid of? Outlawing rubbers? Mandatory testy chop?

Barrett authors first U.S. Supreme Court ruling, a loss for environmentalists
Lawrence Hurley
Thu, March 4, 2021, 9:41 AM

WASHINGTON (Reuters) - Conservative Justice Amy Coney Barrett on Thursday authored her first ruling since joining the U.S. Supreme Court in October as the court handed a defeat to an environmental group seeking access to government documents.

In the 7-2 ruling, the justices sided with the U.S. Fish and Wildlife Service, thwarting an effort by the Sierra Club to obtain documents concerning a regulation finalized in 2014 relating to power plants. Barrett and the court's other five conservative justices were joined by liberal Justice Elena Kagan in the majority, with liberals Justices Stephen Breyer and Sonia Sotomayor in dissent.

The Senate approved Barrett for a lifetime job on the top U.S. judicial body on Oct. 26 after an accelerated confirmation process that unfolded in the weeks before the Nov. 3 presidential election. She is one of three justices appointed by Republican former President Donald Trump and she replaced liberal Justice Ruther Bader Ginsburg, who died on Sept. 18.

Trump touted his appointment of Barrett in campaign rallies ahead of the election, which he lost to Democratic President Joe Biden. Her swift confirmation by the Senate, which at the time was controlled by Trump's fellow Republicans but is now led by the Democrats, moved the court further to the right and prevented Biden from replacing Ginsburg with a liberal successor. It marked the closest to a presidential election that a Supreme Court justice had won Senate confirmation.

The Sierra Club ruling limits the scope of U.S. agency documents that would be subject to a federal law called the Freedom of Information Act, which lets people request certain government materials.

The group wanted access to internal documents concerning the Fish and Wildlife Service's conclusion that a proposed environmental regulation for cooling water intake structures that are used by power plants and other industrial facilities would not adversely affect endangered species, including fish, turtles and shellfish.

In 2013, the agency initially found that the regulation would put the species in jeopardy but its final recommendation to the Environmental Protection Agency in 2014 reached the opposite conclusion.

Writing for the court, Barrett said the 2013 draft documents were protected from disclosure because "they reflect a preliminary view - not a final decision - about the likely effect of the EPA's proposed rule on endangered species."

A federal judge in California ruled in 2017 that 11 documents had to be disclosed. Trump's administration appealed and the San Francisco-based 9th U.S. Circuit Court of Appeals in 2018 ruled partly for the government but still found that nine documents had to be released.

The case was argued on Nov. 2, the day before Election Day. It marked first Barrett's arguments as a justice. She previously served on a lower federal appeals court and as a legal scholar at the University of Notre Dame in Indiana.

So far, Barrett's biggest impact on the court came when she provided the decisive vote in favor of religious entities challenging COVID-19 restrictions in New York.