The Senate Judiciary Committee has approved Judge Amy Coney Barret to fill the vacancy of the late Justice Ruth Bader Gingburg on the Supreme Court despite the Democratic boycott and now it will be the plenary session of that chamber that will cast their vote to confirm her nomination or not.
Less than two weeks before the election, Republicans on the Senate Judiciary Committee are rushing to confirm Barrett to take the place of.
Never before has the Senate confirmed a nomination for the country's highest court so close to a presidential election.
Whats Next?
Following Thursday's vote of the 22-member Judiciary Committee,
an
unusual
Senate
session
will follow
this weekend
to further push for Barrett's nomination.
Judge Barrett's confirmation hearing continues with tense exchange with Democrats
Oct. 14, 202000: 30
Senators will have to go through several steps before the final count.
In addition to
boycotting
the committee hearing, Democrats are expected to force multiple Senate votes over the weekend, which would keep Republican senators who would otherwise be campaigning in Washington, DC.
On
Monday final confirmation of the Senate Barrett is expected
to be sworn in
as judge might as Monday, just a week before the election.
[Judge Barrett refuses to condemn the separation of migrant families at the border: "It is an intense political debate"]
If so, one of your first acts would be to attend a private conference call of the judges on October 30.
Oral arguments in court will resume on November 2 and will be held by phone until at least December due to the coronavirus pandemic.
Despite Democrats' boycott, Republicans have it easy
With Republicans in the 53-47 majority in the Upper House, Trump's election will almost certainly be confirmed.
But Democrats are not giving up and plan to boycott Thursday's session.
"We shouldn't move forward on this nomination
," Democratic leader Chuck Schumer said Wednesday in a Senate speech.
"These are all
violations of the norms,
values, decency and honor of Americans," Schumer added.
All Democrats in the Senate are expected to oppose his confirmation.
Democrats argue that Ginsburg's seat should not be filled so close to the election.
Judge Barrett declares herself independent and avoids talking about crucial issues
Oct. 14, 202002: 44
Although they boycott the hearing on Thursday,
the process will not stop
.
Democrats can do it and still the vote would be counted as long as Republicans run.
And if the majority of the members present vote in favor, then the vote fully complies with the permanent rule governing committee voting.
"Judge Barrett deserves a vote and she will receive it,"
South Carolina Republican Senator Lindsey Graham, chair of the committee, said in a statement Wednesday.
"Barrett deserves to be in the Supreme Court and it will be confirmed," he
settled.
For his part, former vice president and Democratic candidate Joe Biden said in an interview with
CBS
''60 Minutes'
this week that, if elected, he
would form a bipartisan commission to study the federal judicial system and make recommendations for reform
.
"If I am elected, what I will do is form a national commission, a bipartisan commission of academics, constitutional scholars, Democrats, Republicans, liberals and conservatives," Biden announced.
“And I will ask them to return in more than 180 days with recommendations
on how to reform the judicial system because it is getting out of control
, the way it is managed and it is not about putting more judges.
There are a number of other things that our constitutional scholars have debated and I have looked to see what recommendations that commission could make, "he added.
Biden has been under pressure to
clarify his position on nominating more justices after some Democrats suggested expanding the number of justices
if Senate Republicans confirm President Trump's candidate.
"There are a number of alternatives that go much further than increasing the number of judges ... The last thing we have to do is turn the Supreme Court into a political football party, whoever has the most votes gets what they want. Presidents arrive And they leave. Supreme Court justices stay for generations, "Biden said.
A more conservative court
The 48-year-old judge's nomination would cement a 6-3 conservative majority in the next few years and call into question the Affordable Care Act (known as Obamacare) and access to abortion.
[This is Amy Coney Barrett, nominated by Trump for the Supreme Court: she is in favor of the public charge rule and against abortion]
When asked about these issues a few days ago, Barrett dodged the questions.
"Do you think we should take the president at his word when he says his nominee will do the right thing and repeal the Affordable Care Act?" Asked Amy Klobuchar, a Democratic senator from Minnesota.
"I can't really speak to what the president has said on Twitter," Barrett replied.
And he added: "I am 100% committed to judicial independence from political pressure."
She also avoided condemning the separation of immigrant children and parents at the border
, a question posed by Democratic Senator Cory Booker on the third day of hearings to confirm her as a magistrate.
Joe Biden: "I have nothing against Judge Barrett, but her nomination is not fair"
Sept.
30, 202002: 10
"Do you think it is wrong to separate children from their parents" to discourage "immigrants from coming to the United States?" Booker asked, not before realizing that he considered the obvious answer.
"That has been a subject of intense political debate that I cannot express an opinion or get involved as a judge," Barrett responded.
[Justice Barrett vows to the Senate to be independent and not follow her personal preferences in the Supreme Court]
Barrett also sidestepped the question of how he would vote in the face of Trump trying to delay the November election, an idea he has openly raised, despite the Constitution indicating that only Congress has the power to do so.
Also, The Associated Press revealed that Barrett served for nearly three years on the board of private Christian schools that banned children of same-sex parents and did not admit openly gay teachers.
With information from AP.