Grilled today by Democrats in the Senate Judiciary Committee, 48-year-old Chicago-based 7th Court of Appeals Judge Amy Comey Power handled the Democrat attacks with grace-under-pressure. All Democrats on the committee oppose Barrett’s confirmation not only because of her conservative bent but because 74-year-old President Donald Trump pushed ahead with her confirmation only three weeks before the election. Senate Majority Leader Mitch McConnell, 77, caused his own political misery holding back former President Obama’s pick in his last year in office, telling his colleagues that the American people should pick a new president, who, in turn, should pick the next Supreme Court Associate Justice. McConnell’s feeble excuse cam back to bite him when he decided to move ahead with Barrett. McConnell’s lame excuse in 2016 should not ruin Barrett’s confirmation hearing.
Beyond all the Democrat attacks on McConnell for pushing ahead with the nomination, Democrats can thank former Sen. Majority Leader Harry Reid (D-Nv.) for “going nuclear,” changing the age-old Senate rule Nov. 21, 2013 to confirm judges with a super-majority of 60% or 60 votes to a simple majority, of 50% plus one. Democrats are now living with the consequences, unable to stop the Senate’s GOP majority from voting to confirm Judge Barrett. It’s become abundantly clear to Democrats and Republicans that Barrett is eminently qualified and competent to be confirmed as a Supreme Court Justice. Her legal knowledge, reasoning and judicial skills are beyond reproach, something known to all in the Judiciary Committee finding anyway possible to block her confirmation. Even the most partisan Democrats on the Judiciary Committee cannot find fault with Barrett’s qualifications.
Presiding over the Committee by Judiciary Chairman Lindsey Graham (R-S.C.), Democrats and Republicans are interviewing one of the finest legal scholars in the United States, something that must give any Senator a source of pride. When you consider that Barrett’s a woman should remind the committee of how far the U.S. has come since Aug. 18, 1920 when Congress ratified the 19th Amendment, guaranteeing women the right to vote. Barrett isn’t just a women considered for the Supreme Court, she’s probably the best qualified by virtue of training, experience, credentials and pure brilliance, adding something very special to the High Court. Whatever Democrats’ argue politically why Barrett should not be approved, their arguments fall flat when asked to judge Barrett on the merits. Today’s political statements during Barrett’s confirmation are below the dignity of the confirmation process.
When it came to the Senate four years ago blocking Obama’s nomination of Judge Merritt Garland to the Supreme Court, McConnell should have told the truth. Republicans controlling the Senate have right to take up the nomination or not. If Democrats controlled the Senate in 2016 they would have pushed a liberal nominee forward no matter what. Grilling a nominee is fair game as Democrats and Republicans know on the Judiciary Committee. Giving Barrett the toughest questions imaginable is all within committee members’ rights. But grandstanding about pure speculation about how Barrett would rule on Democrats’ pet Constitutional issues doesn’t give the nominee enough credit. Many on the Democrat Senators have strongly implied that Barrett would rule against Roe v. Wade and Obamacare, where the Supreme Court is due to take up the issue of serverability Nov. 8.
Barrett has made it clear to all that she’ll evaluate the plaintiff’s arguments on the merits of the Constitution and precedent, not what her past statements in scholarly articles or whatever her personal views. Some Senators made a big deal over Barrett signing a petition 15 years ago before she was a judge about her pro-life views consistent with her Roman Catholic faith. Senators tried to show she had an intrinsic bias against Roe v. Wade, bickering over whether it was established judicial precedent, not subject to reversal in the High Court. All Democrats questions related to reading a crystal ball about how Barrett would rule on any case before her on the Supreme Court. She said consistently that all matters before the Supreme Court would be adjudicated independently of politics or certainly any of her own personal view, no matter how controversial the topic.
Raising all possible objections to Barrett’s confirmation, the Judiciary Committee knows that Amy Coney Barrett’s qualifications for the Supreme Court exceed all expectation on both sides of the aisle. Instead of celebrating her extraordinary judicial scholarship and accomplishment, Democrats preferred to grandstand to their constituents
about hot-button political issues like Roe v. Wade and Obamacare. Watching Barrett listen attentively while denounced by Democrats shows her grit as jurist, not getting rattled no matter what the partisan attacks. With the Constitution by her side, Barrett answered all questions, no matter how hostile, with grace and dignity, explaining clearly the way in which she would handle her appointment to the Supreme Court. With two-thirds of the grilling finished, Barrett is well on her way to becoming a distinguished member of the U.S. Supreme Court.
