• valerikiana

Is Amy Coney Barrett The Right Fit For The Supreme Court?

Updated: Oct 27, 2020

After the tragic death of the extraordinary Supreme Court Justice Ruth Ginsberg, a seat remains open on the supreme court. The court is at a halt, but it is time that they move forward. 

While a variety of accusations prospered over President Donald Trump's attempt to fill her seat, including Trump’s attempts to push regulations being an abuse of power, the President believes this is not a matter of abusing power because he has a constitutional right under the constitution which he must follow. 

The question that occurs is if the President has the authority of filling the seat.

During the first Presidential debate, the first subject brought up by moderator Chris Wallace acknowledges President Trump’s supreme court nominee Amy Coney Barrett. Wallace states, "You nominated Amy Coney Barrett over the weekend to succeed the late Ruth Ginsberg on the court, and say the constitution is clear about your obligation and the senates to consider a nominee to the court. Vice president Biden says that this is an effort by the President and Republicans to jam through an appointment and what you call "abuse of power."

In the end, Wallace asks the question to both candidates, "Why are you right in the argument you make and your opponent wrong, and what do you think Justice Barrett would bring the court?"

Donald Trump's point of view on this subject is evident; Trump gets this right as President and from the constitution, which is why he believes he has a constitutional right as President of the United States to make this appointment. This is why he thinks it is his obligation and the senates to consider a nominee to the court. 

Biden has an utterly different opinion. Biden believed the President's effort is an effort to jam through supreme court nominations, which in his words, an "abuse of power."

Trump notes that this is his right with winning the past election; he goes to talk about the nominee herself, how she is well-rounded and loved by all, and, "good in every way." He clarifies he is not pushing a nominee on the court because he holds a presidential title, but any president would have and should have this ability. Referring to the Obama-Biden administration, Obama never dealt with backlash as Trump is when filling these seats.

During the Obama-Biden administration, they appointed not one but two Supreme Court Justices without a problem. Not then did Biden believe that was an abuse of power on Obama's behalf.

The first appointee was Democratic Judge Sonia Sotomayor, appointed to fill the vacancy created by the retirement of Justice David H. Souter. The United States Senate confirmed this appointment on August 6, 2009.

On March 16, 2016, the second appointment was when President Barack Obama nominated Merrick Garland for Associate Justice of the Supreme Court of the United States to take Antonin Scalia's seat, who had died one month prior. 

Back with  Wallace's question, Biden explains more of his view; he acknowledges that the election has already started, so we should wait to ensure the American people can express their opinion.

Nevertheless, shortly before Ginsburg died, she requested what should happen to her seat on the Supreme Court. "My most fervent wish is that I will not be replaced until a new president is installed," Ginsburg said.

Her wish is the main obstacle that made Democrats believe Donald Trump should not fill her seat and the matter of the domination of Republicans in the court. If Barrett is accepted into court, the Republicans will override the democrats by 6-3 in the court. 

Under Article II, Section 2, Clause 2, you get what is known as the Appointments Clause under the constitution. This clause empowers the President to nominate and, with the confirmation of the United States Senate, appoint public officials, including justices of the Supreme Court, which Donald Trump has authority to do. 

Nowhere is it acknowledged President Trump is abusing his power as Biden states.

In all, the remaining question is, is Amy Coney Barrett a good fit for the supreme court? 

Looking at her political life and achievements, you will come aware that Barrett is a Republican woman who stands with pro-life beliefs, which is one of the biggest reasons Donald Trump nominated her; Trump continues to try to put pro-life justices on the court as a promise he made to his supporters. 

Nonetheless, Barrett has compiled an almost uniformly conservative voting record in cases touching abortion, gun rights, discrimination, immigration, and the death penalty.

Numerous other individuals give their support to Barrett. 

A group of 450 former students signed a letter to the Senate Judiciary Committee, according to "Profile of a potential nominee: Amy Coney Barrett," telling senators that their support was "driven not by politics, but by the belief that Professor Barrett is supremely qualified." 

Regardless of Barrett's political views, she is strictly a great person, which is why the ones who cross her path give their support.

Nonetheless, Barrett also has the unanimous consent of her 49 Notre Dame colleagues, who wrote that while they have various political views of each other and from Barrett, they still agree with their judgment about Barrett. They believe there is not anyone else who would be an excellent fit for this seat.

Amy Coney Barrett has recently been advanced to the supreme court by the senate judiciary committee. Next in line is a full senate vote.