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It wasn’t many hours after Ruth Bader Ginsburg’s death that President Donald Trump nominated her replacement as a judge on the United States Supreme Court. Trump was quick to declare that there was plenty of time for the Senate to hold its approval vote on the Amy Coney Barrett proposal before the election.
Republicans have a slim majority in the Senate, at 53-47, but two Republican senators said at first they did not want to see a vote on Barrett before the election.
Now have at least three Republican senators tested positive for crown and are in quarantine. Two of them, Mike Lee and Thom Tillis, are members of the Justice Committee, which must first approve the nomination. How the course of the disease unfolds, or if more senators become ill, can affect Barrett’s approval process. Everyone who tested positive was present when Trump introduced Amy Coney Barrett on the lawn in front of the White House; at least eleven people who were there tested positive, including the president himself.
Democrats want to extend the time and demand that a new judge be appointed only after the election. They have also demanded that Barrett declare himself disqualified on all possible matters related to the outcome of the election or how the election was conducted. However, in telephone conversations with Democratic senators on Wednesday, she will not make such promises.
However, Sen. Lindsey Graham, chair of the Justice Committee that is conducting the Barrett hearings, has said the schedule is still in place and the hearings will begin on October 12.
The composition of the court can also be important for the presidential election. Due to Trump’s constant questioning of the reliability of the votes by mail, and therefore of the election, there is a possibility that the outcome of the election will be decided in court.
A conservative overweight among judges it could possibly favor Trump. On the Republican side, it is also asserted that the risk of the court ending up in a 4-4 stalemate should be avoided, especially at this time. It’s a mosaic of how Republicans were in 2016, when Antonin Scalia died and a normal process was denied to Obama’s proposal to replace him.
The academic year for the decimated court has just begun and several high-profile cases are on the agenda. This includes a case involving the entire future of the Affordable Care Act. The case is due for prosecution on November 10, a week after the election, and will affect millions of Americans. In previous written statements, Amy Coney Barrett has criticized how the law is formulated.
A glimpse of what a stronger conservative overweight could have consequences on Monday, when two current judges, Samuel Alito and Clarence Thomas, wrote in a statement that they believe HD’s previous decision to legalize same-sex marriage should be changed. When it was taken in 2015, they were both different. Another case related to the opinion of homosexuality and religious beliefs will be heard on November 4, the day after Election Day.
During the first day of the semester, the court also decided to pass a law in South Carolina, according to which all votes by mail must be witnesses. The testimony requirement was introduced at the initiative of state Republicans, but Democrats believe it may be difficult for many voters, especially due to reduced social contacts during the pandemic.