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Opinion: Amy Coney Barrett a perfect choice for half of America

September 26, 2020. Summarized by summa-bot.

Commentators weigh in on President Donald Trump's selection of Amy Coney Barrett to replace Justice Ruth Bader Ginsburg--and what it means for the Supreme Court.

(CNN)Editor's note: Commentators weigh in on President Donald Trump's selection of Amy Coney Barrett.

The nomination of Judge Amy Coney Barrett embodies the idea that there isn't just one way for women to think, write and reason about the law.

Barrett's nomination to the Supreme Court is truly a triumph of Ginsburg's equality project.

Is Trump the first to seek or even nominate a Supreme Court justice whose record, personal or ideological convictions are music to the ears of even the most partisan politician?

If the framers of the Constitution did not intend for this to be political, the president, an officeholder selected through a national election, would not have been chosen to nominate a justice, and the Senate would not have been expressly empowered to advise and consent on that nomination.

Each has refused and, in the case of Barrett, likely will refuse to reveal how they intend to decide cases in advance -- and will state a deference to the concept of stare decisis, a concept whereby the judiciary respects Supreme Court precedent -- hedging just enough to placate Senate Judiciary Committee members eager to interpret that hedge as a wink and a nod, and just enough to aggravate members who see the insincerity but have no recourse to prove it.

Amy Coney Barrett, a 48-year-old judge at the United States Court of Appeals for the Seventh Circuit in Chicago, has the head, heart, and history to be an outstanding Supreme Court justice.

After graduation, she worked as a law clerk to Judge Laurence Silberman of the US Court of Appeals for the District of Columbia Circuit and later as a law clerk to the late Supreme Court Justice Antonin Scalia.

After briefly practicing law at the firm of Miller, Cassidy, & Larroca, Barrett returned to Notre Dame Law School in 2002 to teach constitutional law, federal court practice and statutory interpretation.

Sadly, the controversial decision of the Republicans to proceed with a Supreme Court nomination on the eve of the presidential election will undoubtedly inspire a bitter and rancorous response from Democrats at the Senate confirmation hearing.

Judge Amy Coney Barrett should not be confirmed as a Supreme Court Justice.

In February 2016, some nine months before Election Day, Senate Majority Leader Mitch McConnell started a blockade of Judge Merrick Garland, President Barack Obama's selection to fill a Supreme Court vacancy.

McConnell rationalized that "[t]he American people should have a voice in the selection of their next Supreme Court justice.

There are many reasons not to proceed with this nomination, and any one of them should be dispositive: polls demonstrate consistently and clearly that the public wants the winner of the election to select the nominee; the Senate has never confirmed a Supreme Court nominee this close to an election; the President has sown doubt about election results and made clear that he wants a hand-picked justice in place to resolve disputes about his own re-election.

Presuming Senate confirmation for President Donald Trump's third Supreme Court nomination, Judge Amy Coney Barrett would become the sixth Roman Catholic on the nation's highest court, joining John Roberts, Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Brett Kavanaugh.

Usually these justices passively represented their religions, simply making the court look slightly more like America, though no racial minorities or women would be nominated until 1967 and 1981, respectively.

If and when Barrett takes her seat on the Supreme Court, that 40-year-old Republican policy goal may well come to fruition.

The first and most important thing you need to know about President Donald Trump's selection of Amy Coney Barrett as the next justice of the Supreme Court is this: 6-3.

Once Barrett is confirmed by the Senate, which seems all but certain, given the Republican party's 53-47 Senate majority, the court will consist of six traditionally conservative justices and three liberal ones.

Even before Justice Ruth Bader Ginsburg passed away, the Supreme Court was already tilted in favor of the conservative bloc, with a 5-4 split.

And even if Barrett is not confirmed in time for the ACA case, a tie vote of 4-4 would uphold a lower court ruling, which struck down the ACA's individual mandate, putting the entirety of the law in jeopardy.

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