On September 26, Judge Amy Coney Barrett was nominated to the US Supreme Court and Senate Judiciary Committee hearings on Judge Barrett’s nomination concluded on October 15, less than one month prior to the election. The Senate held the hearings virtually and in-person despite the COVID outbreak on Capitol Hill and in the White House. Senate Judiciary Committee Chair Lindsey Graham (R-SC) broke the rules to hold a procedural vote on Barrett without two members of the minority party present — before the hearing concluded — and will hold a vote on her nomination on October 22.
The rush to confirm Judge Barrett coincides with both the election and the timing of a case challenging the Affordable Care Act brought by the Trump administration. The Supreme Court will hear oral arguments in California v. Texas , a case that will determine the fate of the entire Affordable Care Act (ACA), on November 10. Judge Barrett is on record in opposition to the Affordable Care Act and even criticized Chief Justice John Roberts for his decision to uphold aspects of the law.
In addition to such concerning viewpoints, Judge Barrett called Roe v. Wade a “judicial fiat” and stated that the “framework of Roe essentially permitted abortion on demand, and Roe recognizes no state interest in the life of a fetus.” She has also been extremely critical of stare decisis, the doctrine that requires judges to follow well-settled law, which has been central in ensuring continued access to reproductive care.
Federal judges who serve in lifetime appointments must be fair, independent, and qualified with a commitment to upholding constitutional rights for everyone — characteristics that are particularly important for those who serve on our nation’s highest court. Judge Amy Coney Barrett fails to meet these criteria. Urge your senators to oppose her nomination today.