On the evening of the 26th local time in the United States, the Senate voted to confirm the Supreme Court justice candidate Barrett (Amy Coney Barrett) nominated by President Trump to fill in the money left by the late Supreme Court Justice Ginsberg last month. Vacant seats.
The final voting result was 52 votes (for) to 48 votes (for against). Except for Republican Senator Susan Collins of Maine (Susan Collins), all Republican senators voted for it, and all Democratic senators voted. Opposed. This is the first time in 150 years that the United States has passed the appointment of a justice without a minority party’s vote.
Republicans break bipartisan consensus
Republicans break bipartisan consensus The result of the vote means that the 48-year-old Barrett will become the 115th justice of the U.S. Supreme Court, the fifth female judge in history, and the youngest justice in American history. The election of Barrett also means that the conservative justices in the Supreme Court will have an absolute advantage of 6:3 over the liberal justices, which may change the rulings of a series of cases that have a major and far-reaching impact on American society in the future. , Which includes the Obamacare Act and any potential disputes related to the 2020 election.
Before the vote that night, Republican leader and Senator Mitch McConnell said: “What this administration and the Republican-controlled Senate have done is to exercise in a manner that is in full compliance with Senate rules and the U.S. Constitution. The power given to us by the American people.”
the angry Democratic leader
the angry Democratic leader, Senator Chuck Schumer (Chuck Schumer) shot back: “You may win this vote and Barrett may become the next Supreme Court justice. But she will never and never Restore her credibility. The next time the American people give the Democrats a majority in Congress, she will lose the right to tell us how to manage this majority.”
The appointment of Justice Barrett has caused such great concern and controversy because the two parties in Congress have reached a consensus for decades: before the general election, the president should not propose a new appointment to the Supreme Court, but should wait for the voters to decide. After the next president is elected, he will be appointed by the president.
In the last year of Obama’s presidency (election year), Obama tried to appoint an vacant seat of justice, but then Senate and Republican leader Mitch McConnell blocked this. Two months before this year’s presidential election, McConnell firmly supported President Trump’s appointment of justices.
James W. Skillen, the founder of the Center for Public Justice, a conservative think tank in the United States, said that most voters, including many Republicans Everyone believes that the old model is the best, and that new appointments should not be made hastily in such a short time before the election.
However, Republicans in the Senate are worried that Trump will lose the election. At the same time, the Republicans may lose the majority of seats in the Senate and cede control to the Democrats. Therefore, they are so urgent to promote the appointment of justices.
Vow that the ruling is not affected by politics
Vow that the ruling is not affected by politics Soon after the vote that night passed, the White House held an oath of office for Barrett. CNN reported that according to senior White House officials, Barrett will have two oaths, the first on a constitutional oath will be held at the White House that night. On the morning of the 27th (Tuesday), she will also participate in the judicial oath presided over by Chief Justice John Roberts of the Supreme Court.
Barrett delivered a speech after the swearing-in ceremony, stating that she will be “independent” from political differences and her own preferences in the work of the Supreme Court.
“My fellow Americans–even though you will not face elections as judges, we still work for you. It is your Constitution that establishes the rule of law and judicial independence, which are vital to the Constitution. I solemnly swear tonight, its core It means that I will perform my duties without fear and favoritism, regardless of political factions and my personal preferences.” Barrett said.
Nearly 200 people attended the inauguration ceremony
Nearly 200 people attended the inauguration ceremony held outdoors that night. The White House said that social distancing measures were taken, there was space between seats, and everyone needed to wear a mask. A month ago, after Trump nominated Barrett as Supreme Court justice held at the White House, at least 10 participants were diagnosed with the new crown virus. Trump himself has since been diagnosed.
After the oath, Barrett will be able to immediately participate in the work of the Supreme Court. Her influence will be immediately apparent. The most concerned issue at the moment is the US election. The key swing states of North Carolina and Pennsylvania in the previous elections are pending the Supreme Court’s decision on the issue of the effective date of postal and absent ballots. Earlier, the eight Supreme Court justices temporarily rejected the Republican Party’s request to the Pennsylvania Supreme Court that the statistical process of the state’s mailed votes should not be affected by the epidemic and make corresponding postponement adjustments with a 4:4 vote.
One person may hardly bring immediate change
One person may hardly bring immediate change After Barrett takes office, how the Supreme Court will deal with many controversial topics that may arise in future elections will be the focus of attention of the whole society. At the same time, major cases that the US Supreme Court will face in the future also involve major issues such as the Affordable Care Act, the immigration plan signed by the Trump administration, the rights of LGBTQ groups, and the census.
“Until about 30 to 40 years ago, the appointment of Supreme Court justices rarely caused a sensation, because the main thing the Senate had to do was to assess whether candidates were competent and whether they had sufficient experience to serve in court. But in the past In the past three to four years, the ideological differences between political parties mean that the president’s candidates for justice are often challenged by parties different from the president’s membership. The main concern is whether the U.S. justice will move toward the Senate majority party. The direction of the position held.” Skilan said.
Skilan emphasized that when the Supreme Court decides on certain major issues, the first thing they can do is to review similar cases that have been judged in history.
In many cases, a prudent judge does not want to make a decision on a case that is more specific than the case itself. For example, even judges with anti-abortion stances may only support some of the constitutionality of the case before them to some extent, instead of trying to overturn the Roe v. Wade case (the Supreme Court of the United States).
The landmark case of abortion rights
The landmark case of abortion rights in 1973). At the same time, if the consequences of the court’s ruling mean the overthrow of a large number of established social models and systems, usually the Supreme Court will find “some remedy” in the rulings of the lower courts, and give the society sufficient time to adjust and reform. Will bring about immediate change.
This is also an issue that the Democrats are very concerned about. Just a week after the election, the Supreme Court has planned to quickly make a ruling on the White House’s decision to overthrow the Obamacare Act. This appeal has been rejected by the lower appellate court, and the White House is making a final appeal to the Supreme Court.
“Most of the legal professionals I know believe that even if Barrett has taken office as justice, most of the Supreme Court judges will reject the White House proposal because the bill is too weak in arguments and there is no’remedy’. In other words, there is no alternative health care plan for the President and Congress to fill the vacancies for the millions of people transformed by Obamacare.” Skilan told The Paper.
Judge Barrett is the third Supreme Court judge nominated by President Trump. In the past four years, Trump has nominated 162 new district court judges and 53 appeals court judges, accounting for approximately the entire Federal Court of Appeals. One third of it. Even if Trump fails in this election, they can still have extensive influence on American laws and policies for a long time after he leaves office.