• October 30, 2020

GUEST VIEW: The Constitution is clear: It’s time to confirm Amy Coney Barrett - Odessa American: Guest Columns

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GUEST VIEW: The Constitution is clear: It’s time to confirm Amy Coney Barrett

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Posted: Sunday, October 18, 2020 4:30 am

This past week, most Americans got their first look at Judge Amy Coney Barrett, President Trump’s nominee to serve as the next Associate Justice of the United States Supreme Court. Yet, too many Americans watching the Senate Judiciary Committee hearings from home also saw something else: dysfunctional and disrespectful DC politics at its worst.

Following the untimely passing of Justice Ruth Bader Ginsburg, who had served on the nation’s highest court since 1993, President Trump rightly exercised his constitutional duty and authority to nominate her replacement. In Judge Barrett, President Trump has selected a thoroughly impressive and accomplished conservative jurist without peer.

Judge Amy Coney Barrett earned her law degree from the University of Notre Dame, where she was a Kiley Fellow, earned the Hoynes Prize (the Law School’s highest honor) and served as executive editor of the Notre Dame Law Review. Early in her legal career, Judge Barrett clerked for Associate Justice Antonin Scalia of the U.S. Supreme Court and Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit.

Barrett has published numerous legal writings in the areas of federal courts, constitutional law, and statutory interpretation. Her scholarship in these fields has been published in leading journals, including the Columbia, Virginia, and Texas Law Reviews. For these reasons, Judge Barrett was selected by President Trump to serve on the Seventh Circuit of the U.S. Court of Appeals and was confirmed by the U.S. Senate in November of 2017.

Her credentials as a constitutional authority speak for themselves. Her intellect and legal acumen are self-evident. Her aptitude and qualifications to serve on the U.S. Supreme Court are without question. Nevertheless, we watched as Senate Democrats beclowned themselves this week in a vain and disgraceful attempt to discredit this thoroughly accomplished woman and prevent her from taking a seat on the highest court in the land.

Led by Senator Diane Feinstein of California, desperate Democrats struggled to land a punch against the unflappable Justice Barrett – attempting without success to elicit her personal views on Roe vs. Wade and the constitutionality of Obamacare. When that didn’t work, they resorted to shameless attacks against her Christian faith and her role as a wife and mother. Democrats know that they are out of options and are desperately trying to make the case to the American people that this clear, constitutional process – playing out in the full light of day – is somehow invalid simply because they disagree with the outcome.

Even before a confirmation vote can be taken, a number of high-ranking Democratic politicians and strategists are already advancing the radical concept of “court packing” in response to the Barrett nomination; a cynical and unprecedented political maneuver that would grow the number of seats on the Supreme Court and allow the next president to stack the deck in their favor. As we’ve seen in multiple public forums over recent weeks, it’s a strategy that former Vice-President Biden has refused to denounce in any explicit terms.

Regardless of the results on November 3, the fact remains that Trump is our president today and will remain so until at least January 20, 2021. No serious person is questioning Trump’s legal or constitutional authority to make this nomination or the Senate’s authority to act upon it. In his typical, resolute style, President Trump has made it perfectly clear that he intends to see this nomination through to the end.

Once Judge Barrett is confirmed and takes her seat beside fellow conservative Justices Neil Gorsuch and Brett Kavanaugh, President Trump will have etched an indelible legacy upon the highest court in the land. No president since Nixon has had the opportunity to nominate and confirm three supreme court justices in a single term, and one could argue that no president in modern history has done as much to secure the long term integrity of the institution.

Appointing justices to the U.S. Supreme Court is arguably among the most substantial responsibilities a of a U.S. President and confirming those justices as qualified is arguably among the most substantial responsibilities of the United States Senate. President Trump has made his choice clear and there can be no question that his selection is fully qualified under the auspices of the constitution.

For the good of the American people and the preservation of our republic, the U.S. Senate should discharge their responsibility and confirm Amy Coney Barrett to the United States Supreme Court without further delay.

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