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Position: Barrett should be confirmed
This position addresses the topic Amy Coney Barrett Supreme Court nomination.
For this position
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Ruth Bader Ginsburg’s death left the court with just eight votes, raising the possibility of deadlocks, even as a wave of litigation over mail-in voting makes it more likely the court will have to decide election-related cases. As Ginsburg, a liberal hero, herself argued, “Eight is not a good number for a collegial body that sometimes disagrees.”
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We are a long way from a Senate Judiciary Committee of dignity and deference. We are a long way from a moment like the one during Ruth Bader Ginsburg’s confirmation hearings when conservative Republican Orrin Hatch told then-Judge Ginsburg, “I admire you.” But we could get back to a serious process, based on goodwill and the probing of different judicial philosophies, if we wanted to.
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In two days of Senate hearings, Amy Coney Barrett has already shown she has the right temperament — and legal chops — to serve on the Supreme Court: She isn’t ruffled or distracted by hostile questions but sticks like glue to the facts and the law. At the same time, Democrats have shown they have no good reason to reject her: Their toughest line of attack has been to suggest she might not vote the way they’d like on an ObamaCare case or if the election comes before the high court.
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Against this position
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Asked about Trump's refusal to commit to leaving office should he lose, she responded, "To the extent that this is a political controversy right now, as a judge, I want to stay out of it and I don't want to express a view." Sorry, judge, it's exactly your duty to have an opinion on such an extreme and reckless thought. Vacuous caution has no place in answering such a basic question.
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Clearly, Barrett is deeply conservative and despite her vow to keep her personal views apart from her analysis of cases, it’s more than likely she will work to eviscerate the legal underpinnings of these landmark civil rights cases. To do so would undercut the legitimacy and credibility of the court, which must mirror public opinion and not swing extremely in any one direction.
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In another universe, her qualifications might incline us to support her nomination despite our concerns that she might vote to undermine the right to abortion or make it harder for Congress and the states to deal with the proliferation of firearms. But the circumstances in which Barrett has been nominated by President Trump make discussion of her credentials or her judicial philosophy irrelevant. Confirming her now could politicize the Supreme Court beyond the possibility of repair.
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The U.S. Senate is within its rights to consider Barrett, who has been deemed "well-qualified" by the American Bar Association, the group's highest rating, and came across in her testimony as brilliant, thoughtful and well-tempered. But when it comes to whether to confirm Barrett as the next justice, senators of both parties should delay a decision until after the Nov. 3 election. This isn't about Barrett or Senate prerogatives or presidential powers. It is about the good of a nation that has been torn apart by partisan political maneuvering and is even now in the process of choosing a president and a Congress that will be sworn into office in just 96 days. As we've said before, ramming through a Supreme Court nomination, the latest ever considered in a presidential election year, will only further damage our nation's democratic mores and values that have been trampled by the president and a complicit Republican Party.
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Mixed on this position
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