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On Tuesday, the United States Senate Justice Commission held the second day of hearings to ratify the appointment of Justice Amy Coney Barrett to the Supreme Court. Barrett, who was elected by President Donald Trump just days after the death of progressive Judge Ruth Baden Ginsburg, is a conservative Catholic who could shift the court’s political stance to the right for decades.
Barrett’s confirmation is almost taken for granted. Republicans have a majority in the Senate and the New York Times, for example, he wrote that his confirmation to the Supreme Court is “an almost certain result.” Also for this reason, the opposition is trying to take advantage of the hearing mainly to gain political advantage in the face of the November 3 elections, presenting Barrett as the judge who will eliminate important rights and achievements such as the legalization of abortions and the Law of Affordable Health Care. , the so-called “Obamacare”, which is the law that Barack Obama wanted to extend health coverage to millions of Americans who did not have it before.
Wednesday’s session lasted almost 12 hours and one of the most notable elements was Barrett’s countless attempts, all successful, to avoid answering specific questions. From abortion to health care to racism, civil rights and gun control, Democrats have tried multiple times to give the judge a precise position, and she has always refused, saying she has no “agenda. predefined “.
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This is not an unusual practice. For decades, during Senate hearings, Supreme Court appointees have avoided expressing detailed opinions on issues that could later be brought to trial. The last nominee to express harsh and conflicting views at a hearing, Justice Robert H. Bork nominated by then-President Ronald Reagan, was also the last judge whose ratification was rejected by the Senate in 1987.
But Barrett’s evasion in this case is particularly significant because the president who appointed her, Donald Trump, has repeatedly said that he has certain expectations of the Supreme Court. Trump has said in recent times that the November election will undoubtedly be contested in his view and that he “has the Supreme Court” to “take a look” at the results. Also in 2015 Trump wrote on Twitter that if he becomes president “my judicial appointments will do the right thing” in Obamacare.
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On the electoral question, Barrett refused to abstain from any judgment that could affect the result of the vote, as had been hypothesized a few days ago. However, responding to questions from Democrat Chris Coons, he said: “I will not allow him to be used as a puppet to decide this election.”
The only issue on which Barrett has expressed an opinion, albeit limited, is abortion. In response to Democratic Sen. Amy Klobuchar, a former primary candidate, the judge said she does not consider “Roe v. Wade ”as a“ super precedent, ”that is such a true and established judicial issue that it is virtually impossible to challenge it (even here, however, Barrett used a very complicated formula). “Roe v. Wade” is the ruling that in 1973 protected the right of women to have an abortion across the United States, overriding individual state laws, and that more conservative groups have been trying to eliminate for decades.
One of the most discussed issues during the hearing, however, was the Affordable Care Act, also because the Supreme Court, a week after the elections, will have to issue a ruling that could invalidate the law. Republican Sen. Lindsey Graham, who chairs the committee, devoted much of her introductory speech to criticizing Obamacare. Kamala Harris, a Democratic senator and vice presidential candidate with Joe Biden, spent several minutes talking about Obamacare during her speech before asking Barrett the first question. The judge said it was not prejudicial to the Affordable Care Act, but even in this case he avoided expressing a clear position.
– Read also: Forty years since “Roe v. Wade “
In general, the questions of the Republican senators were benevolent and the speeches highly praising. Graham called Barrett “one of the most qualified people of his generation.” At one point, Senator John Cornyn asked the judge to show everyone his blank notebook to show that Barrett was going through the long court hearing without taking notes. “It’s really remarkable,” he commented.
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