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A week after the death of Supreme Court Justice Ruth Bader Ginsburg and less than 40 days before the presidential elections, the president of the United States, Donald Trump, would have already chosen the replacement of the progressive Ginsburg in court.
According to US media such as The New York Times and the television networks CNN and CBS, the new member of the court will be the conservative judge Amy Coney Barrett, who has been a favorite for the position from the beginning. But, since the funeral procedures for Ginsburg only end this Friday (9/25), the appointment must be formalized only on Saturday (26). Still on Friday, the White House declined to comment on the matter.
Trump’s election will confirm that Republicans chose to take the opposite path to the one they themselves advocated in 2016, when Conservative Justice Antonin Scalia died nine months before the election and then-Democratic President Barack Obama was blocked by the President of the Senate, the republican. Mitch McConnell, to choose a replacement.
At the time, McConnell justified his action by saying that since the elections were closed, the choice should be left to the next president-elect, to ensure that Americans have a “voice” in choosing the new member of the Supreme Court.
This time, McConnell, who remains president of the Senate, took the opposite view. And the fact that Trump has chosen a replacement indicates that he will likely have a majority vote in the Legislative House to approve the name. The question now is whether the confirmation will take place before or after the elections, on November 3.
Who is Amy Coney Barrett?
Amy Coney Barrett will be President Donald Trump’s third appointment to the Supreme Court and the fifth woman to hold one of the nine highest positions in the history of the American judiciary. It will also be the judge who will definitely change the balance of the court, which for decades has been balanced in decisions based on a tight majority, from 5 to 4, most of the time in favor of the conservatives, possibly in favor of the liberals. With Barrett, the right would have enough margin to win the disputes 6 to 3.
Barrett’s name had already come up as a possibility in Trump’s previous nominations, but people familiar with the president’s decision-making process said he chose to “save it for Ginsburg.” And that moment has now come.
At 48, Barrett is a career judge. She was a deputy to Judge Scalia for 15 years and, in 2017, served on the Seventh Court of Appeals in Chicago.
A mother of seven, she is also a devout Catholic and has argued that “life begins at conception,” which explains her position against abortion, unlike Ginsburg. One of the main agendas of the current conservative movement in the United States is the overthrow of the Roe vs. Wade, who in 1973 guaranteed that abortion is legal across the country. Barrett may be the missing vote for that.
But it is not only in reproductive law where the new magistrate aligns himself with Trumpism. He has already expressed positions in favor of restrictive immigration policies, the limitation or extinction of the so-called Obamacare, the program of access to public health in the United States, and the expansion of the rights to own and possess weapons, all of which is expensive. to the electoral base of the Republican, candidate for reelection.
However, one of the few issues on which Barrett and Trump appear to disagree is the death penalty. While Trump resumed capital punishment for federal criminals in 2019, Barrett noted in an article, written in 1998, that the Pope was opposed to the death penalty and argued that a Catholic magistrate could allege a conflict of conscience to escape a case. the result of which was such a shame.
In 2017, to be confirmed in the Chicago appeals court, Barrett had to face Senate scrutiny. Democratic senators wanted to know how his religious fervor could interfere with Barrett’s legal decisions.
“A judge can never subvert the law or distort it in any way to match his convictions,” he said.
At the same hearing, he stated that he would never stop applying Supreme Court jurisprudence due to his religious beliefs. And he declined to comment on his opinion on the decision in Roe vs. Wade. Now, however, it will be she who defines, along with the other eight colleagues, what is the jurisprudence of the country. And it’s hard to say how much your faith in the decision will move you.
What does the measure mean for Trump’s reelection bid?
The electoral result of the nomination is uncertain, considering that 52% of Americans say that Trump should not even do it, compared to 39% who support him in the decision, according to an aggregate of 12 polls conducted by the FiveThirtyEight website.
In recent months, the president has lost a series of decisions in the Supreme Court and has found himself in direct conflict with justices who did not support his attempt to overthrow Obamacare or include questions about the immigration status of foreigners in the US census. , a form of shame. undocumented migrants.
In light of the results, Trump went so far as to say that “we need new judges” in an attempt to encourage his conservative base to go to the polls and guarantee another four years in the White House.
Now Trump can try to confirm Barrett’s name before Election Day, which would be a record vote compared to previous ones, or use the pending approval as a way to encourage voters to guarantee not just his reelection, but the Republican majority in the Senate. However, if you don’t, you risk losing your chance to nominate another conservative name to the Supreme Court.
On the other hand, the effect that Barrett’s election would have on the female and white electorate in the American suburbs, which is seen as key to the dispute in 2020, is uncertain.
In 2016, Trump defeated the Democrat Hillary Clinton in that segment, but the way in which the president handled the coronavirus epidemic and racial tensions caused unrest in this group, which began to express its support for Biden. On average, seven percentage points ahead of Trump in national polls, Biden even opens a 23-point margin ahead when only the female vote is taken into account.
Aware of the problem, in August Trump tried to implement a strategy to attract them out of fear.
“Housewives from the suburbs, Joe Biden will destroy his neighborhood and his American dream. I will preserve them and make them even better,” Trump tweeted in August, in a marketing ploy to put himself as a representative of the law and the government. order in the country and accuse Democrats of supporting acts of violence in protests for racial justice.
If the appeal had any effect on public opinion, the president is now entering riskier terrain, pointing out that his actions may ban abortion in the country. In the last two years, different polls have shown that women in the periphery are in favor of legalizing abortion, despite being, in general, religious and republican.
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