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Finally, the group photo without a mask on the Balcony of the Blue Room of the White House. US President Donald Trump with his wife Melania and alongside them the newly confirmed Supreme Court Justice Amy Coney Barrett with her husband Jesse. On the South Lawn of the White House, around 200 guests of honor applauded this historic Monday night. At least they’re all wearing masks this time and sitting a good distance from each other.
That was different the day Barrett was nominated in late September. There was a dense, maskless crowd. Dozens of participants were allegedly infected with the corona virus. US President Donald Trump also tested positive. Like his wife Melania and son Barron. A super-spreading event, as virus experts later noted.
But the only thing that should come out this time, eight days before the elections, is the news of what may be the greatest political triumph of the incumbent president. For the third time in a single term, Trump can have a judge appointed by him swear in to the Supreme Court. He is fulfilling one of his biggest electoral promises: turning the Supreme Court into a conservative bulwark.
Trump refrains from any victory rhetoric
Trump wasted no time. Just 30 minutes ago Barrett’s nomination was confirmed by the Senate with just 52 to 48 votes, when his Supreme Court Justice Clarence Thomas is already taking the oath on the US Constitution. “I appreciate the trust they have placed in me,” he says after addressing the Senate.
Trump refrains from any victory rhetoric, thanks Barrett and emphasizes the special importance of the Supreme Court. You will certainly celebrate this day at your next election rallies.
Victory is one with many injuries. 39 days after the death of liberal icon Ruth Bader Ginsburg, for the first time in 151 years a position was held for the highest court without the person in question winning an opposition vote. With Sen. Susan Collins of Maine, there was even a Republican vote against. Collins is campaigning in his liberal home state. There too, the circumstances of this replacement are disturbing to many voters.
This has less to do with the candidate, who was able to present herself as a conservative but fully competent candidate during the hearing. It was the process itself that angered Democrats so much that none of them raised their hands for Barrett.
In 2016, the Republican majority in the Senate had already denied a hearing to the Obama-nominated candidate for justice, Merrick Garland. Reason: Before you are granted a life office such as Supreme Court Justice, you must await the outcome of the election. That was eight months before the elections. This dogma, which was surprising at the time, survived for less than five years. Barrett has never been this close to an election for a seat on the Supreme Court.
With the confirmation of the 48-year-old man, the Republicans’ dream of a conservative-dominated supreme court has come true. Six conservative judges now face only three liberal judges. That can have a significant impact.
At stake are Barack Obama’s health care reforms, for example, which gave millions of Americans access to health insurance for the first time. In the long term, abortion rights, same-sex couples, women’s rights and much more are also at risk.
Left-wing Democrats dream of electoral victory and a bigger Supreme Court
Trump’s judge, Barrett, could also influence the outcome of the election. There are major electoral disputes in hotly contested states like North Carolina and Pennsylvania. They may require immediate decisions from the Supreme Court.
Left-wing Democrats are calling for the Supreme Court to be expanded if Democrats can retake the White House and Senate and defend a majority in the House of Representatives. According to constitutional law, little speaks against it. Nowhere is it written that the Supreme Court can only have nine justices. With twelve judges, for example, parity could be established.
Trump’s Democratic challenger Joe Biden doesn’t seem to rule out the idea entirely. So far it has not clearly positioned itself on the issue. But he has promised to explain before the election whether he would consider expanding the Supreme Court.
