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      Amy Coney Barrett confirmed to supreme court in major victory for US conservatives

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      The US Senate has confirmed Amy Coney Barrett to the supreme court, delivering Donald Trump a huge but partisan victory just eight days before the election and locking in rightwing domination of the nation’s highest court for years to come.

      The vote was a formality, with senators divided almost entirely along party lines, voting 52 to 48 with just one Republican breaking ranks. But it still marked a seismic moment for Trump, for the supreme court and for American democracy.
      For the president, it meant his legacy on judicial appointees is secure whatever the outcome of next week’s election. Trump will have placed three conservative justices on the court, albeit in highly contentious circumstances.
      For the supreme court, it sealed an unassailable six to three balance between conservatives and liberal justices. The oldest of those conservatives, Clarence Thomas, is 72 and still has potentially many years to serve within his lifetime appointment.
      Mitch McConnell, the Republican majority leader, underlined the political importance of the moment when he said on Sunday: “A lot of what we’ve done over the last four years will be undone sooner or later by the next election. They won’t be able to do much about this for a long time to come.”
      For US democracy, the confirmation gives the conservative justices the upper hand on such hot-button issues as abortion, same-sex marriage and the climate crisis – areas where public opinion is firmly in favor of progressive change.

      Following the vote, a swearing-in ceremony was held at the White House. Trump introduced Barrett saying that her addition to the court carried forward “the cause of freedom”. In her speech, Barrett said she would conduct her new job “independently of both branches [of government] and of my own preferences”.
      She thanked the senate for “the confidence you have placed in me”, ignoring the inconvenient truth that half the political composition of the chamber had turned its back on her.
      The sole rebel from party ranks was the Republican senator Susan Collins who voted against Barrett’s confirmation. Earlier in the day Collins said she had based her decision not on the judge’s qualifications but on a sense of fairness, though Collins’s tough re-election fight in Maine no doubt focused her attention.
      The confirmation will leave a residue of bitter partisan rancor given the Republican rush to push Barrett through days before the election – the closest confirmation to a presidential election in US history – having refused four years ago to countenance Barack Obama’s pick for the supreme court on grounds that the people should decide.
      Chuck Schumer, the top Democrat in the Senate cast Barrett’s confirmation as one of the “darkest days in the 231-year history” of the Senate in his party’s closing arguments. Addressing his Republican peers, he said: “You may get Amy Coney Barrett on to the supreme court but you will never, never get your credibility back.”
      Joe Biden also protested the confirmation. During a campaign stop in Pennsylvania, he tweeted: “More than 60 million Americans have already voted. They deserve to have their voices heard on who replaced justice Ginsburg.”
      McConnell was dismissive of Democratic laments, deriding them as a 50-year-old tactic. “What they want is activist judges, a small panel of lawyers with elite education to reason backwards from outcomes and enlighten all the rest of us,” he said shortly before the Senate vote was called.
      Barrett, 48, becomes only the fifth woman to sit on the supreme court. Trump moved quickly to nominate her to succeed the liberal justice Ruth Bader Ginsburg, who died on 18 September at age 87. More

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      Amy Coney Barrett is a constitutional ‘originalist’ – but what does it mean?

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      The confirmation of Amy Coney Barrett as a supreme court justice marks the advent of a bedrock conservative majority on the court that analysts expect to influence American life for a generation.
      Barrett’s arrival on the court will make it easier for the conservative bloc to get to a five-vote majority on future cases involving everything from environmental regulations to voting rights. But, as the latest conservative judge to declare herself a constitutional “originalist” during confirmation hearings, Barrett could also influence what kinds of arguments hold sway on the court for years to come – and what cases the court hears in the first place.
      It has been rare over the course of American history for a particular brand of judicial philosophy to gain such prominence that it catches the public eye. A torrent of judicial appointments by Donald Trump over the last four years, however, including three supreme court nominees espousing “originalism”, has pushed the term into the political discourse.
      Barrett defined the term for the Senate. “So in English, that means that I interpret the constitution as a law, that I interpret its text as text and I understand it to have the meaning that it had at the time people ratified it,” she said. “So that meaning doesn’t change over time. And it’s not up to me to update it or infuse my own policy views into it.”
      Aziz Huq, a professor of law at the University of Chicago, said that there is a thriving academic debate about the merits of originalism that is only “loosely connected” with the current political discourse, in which the term is often used on the right as a philosophical fig leaf for a conservative political agenda.
      “The political discourse of originalism is closely aligned with the policy preferences of the Republican party that has promoted judges who happen to take this perspective,” Huq said. “It purports to be something that is moving outside politics, but it is – in its origins, and in the way that it has been applied in the courts – it is tightly linked to a particular partisan political orientation.”

      Elected officials and others who have noticed that 86% of Trump’s judicial appointees are white and 75% are men have begun to hear something else in the term: a nostalgic appeal to the exclusive hold on power by white men at the time the constitution was written – a sense reinforced by the president’s repeated personal refusal to disavow white supremacy.
      “Are you an originalist?” the Chicago mayor Lori Lightfoot, who is a lawyer but not a judge, was asked by a reporter this month.
      Lightfoot chuckled. “You ask a gay, Black woman if she is an originalist?” Lightfoot said. “No, ma’am, I am not. Since the constitution didn’t consider me a person in any way, shape or form, because I’m a woman, because I’m Black, because I’m gay – I’m not an originalist.”
      But other legal analysts say that the search for an “original public meaning” of the constitution, including later amendments ruling out discrimination and expanding the right to vote, is an appropriate avenue of legal reasoning that is increasingly employed on the left as well as the right.
      In making the case that Trump was guilty of “high crimes and misdemeanors” and “bribery”, the House impeachment managers led by congressman Adam Schiff relied on originalist arguments about how those terms were understood by the founders, analysts point out. Liberal supreme court justices have even recently used originalist analysis to advance arguments about gun control, emoluments, faithless electors and the delegation by Congress of policymaking authority to executive branch agencies.

      “The goal of originalism is really just to argue that the constitutional rule that’s embodied in the constitution should be understood in the way that it was understood by those who adopted it in the first place, and that courts ought to be constrained by that understanding when it’s possible to determine what that understanding is,” said Keith Whittington, a professor of politics at Princeton University specializing in constitutional theory.
      “That doesn’t require government policy to look like anything that it might have looked like in an earlier age, it certainly doesn’t require going back to particular practices that were true in earlier periods.”
      But originalist reasoning does harken to a time when the conception of the federal government’s role was much narrower, Huq said, making it a particularly useful tool for dismantling public health protections and other regulations.
      That conservative project could accelerate with Barrett on the bench, Huq said.
      “What I would expect to see is that, under an originalist guise, we will start to see the court aggressively trying limit the scope of the regulatory state, the helping hand of the state – and to prevent it from stepping in to prevent the harms that arise from climate change, from pollution, workplace safety issues – the list is long.”

      Originalism as applied by the court also has a tragic blind spot, failing to grapple with structural violence directed at minorities under the law, Huq said.
      “The court has almost nothing to say about the vast domains of government activity in which race plays a major role, but isn’t stated on the face of the law,” he said.
      “Criminal justice is saturated with racial animus and saturated with racial bias, but the laws are not written with race in the text of the law, therefore the court has nothing to say. There are almost no cases in the supreme court about racial bias in criminal justice, and this is why.” More

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      Trump plans new White House event for Amy Coney Barrett swearing-in

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      Senate expected to confirm supreme court nominee on MondayPrevious Barrett reception was branded a ‘superspreader event’US politics – live coverageDonald Trump was planning on Monday to dismiss public health concerns and hold a swearing-in ceremony within hours of Amy Coney Barrett’s expected Senate confirmation to the supreme court. Related: Amy Coney Barrett’s past calls into question her pledges of impartiality Continue reading… More

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      Democrats hold Senate floor overnight to protest Amy Coney Barrett confirmation – live

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      Key events

      Show

      5.52am EDT05:52
      Kremlin criticises Joe Biden over his Russia comments, saying they ‘encourage hatred of Russia’

      3.27am EDT03:27
      McConnell: ‘they won’t be able to do much about this for a long time’

      1.46am EDT01:46
      Democrats hold senate floor overnight in protest of Barrett

      Live feed

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      5.52am EDT05:52

      Kremlin criticises Joe Biden over his Russia comments, saying they ‘encourage hatred of Russia’

      A quick bit of foreign policy news from Reuters here, firstly over nuclear weapons. The New Start treaty between Russia and the US expires shortly, it’s the last remaining nuclear agreement between the two nations, and there’s as yet no concrete signs of it being extended.
      Russia has today suggested that it would refrain from deploying thousands of missiles if Nato would agree to similar measures, and is proposing “mutual verification measures”.
      The Kremlin has also commented again on the US election, saying that a statement from Joe Biden that Russia is the main threat to the US is “not true”. A Kremlin spokesperson said such statements encourage hatred of Russia.

      5.47am EDT05:47

      We’ve got a live feed of Senate proceedings up above in the blog – you may need to refresh the page to get the play button to appear. Here’s a clip of Sen. Chris Murphy from earlier.

      Senate Democrats
      (@SenateDems)
      Senate Republicans are rushing through Judge Barrett’s nomination so they can finally do what they’ve been trying to do for years: repeal the ACA, end insurance for millions, and strip protections for pre-existing conditions.Sen. Murphy explains. pic.twitter.com/HBiWQUn70d

      October 26, 2020

      Sen. Tim Kaine followed him, and he finished his speech by saying that Republican leaders would not wear masks to cover their noses and mouths and protect themselves and others from the coronavirus, but that the “soulless process” of confirming Amy Coney Barrett to the supreme court showed they were willing to “cover their eyes and their ears”.

      5.43am EDT05:43

      Oliver Milman writes for us that the choice between Donald Trump and Joe Biden is pretty stark in terms of consequences for the global environment.

      The international effort to constrain dangerous global heating will hinge, in large part, on which of the dichotomous approaches of Donald Trump or Joe Biden prevails.
      On 4 November, the day after the election, the US will exit the Paris climate agreement, a global pact that has wobbled but not collapsed from nearly four years of disparagement and disengagement under Trump.
      Biden has vowed to immediately rejoin the Paris deal. The potential of a second Trump term, however, is foreboding for those whose anxiety has only escalated during the hottest summer ever recorded in the northern hemisphere, with huge wildfires scorching California and swaths of central South America, and extraordinary temperatures baking the Arctic.
      “It’s a decision of great consequence, to both the US and the world,” said Laurence Tubiana, a French diplomat and key architect of the Paris accords. “The rest of the world is moving to a low-carbon future, but we need to collectively start moving even faster, and the US still has a significant global role to play in marshaling this effort.”
      Few countries are on track to fulfill commitments made in Paris five years ago to slash their planet-heating emissions and keep the global temperature rise to “well below” 2C of warming beyond the pre-industrial era. The world has already warmed by about 1C since this time, helping set in motion a cascade of heatwaves, fierce storms and flooding around the planet.

      Read more here: Climate at a crossroads as Trump and Biden point in different directions

      5.31am EDT05:31

      The summer has been characterised by a series of extreme weather events on both coasts of the US, and that looks set to continue.
      Hundreds of thousands of Californians lost power as utilities sought to prevent the chance of their equipment sparking wildfires and the fire-weary state braced for a new bout of dry, windy weather.
      More than 1 million people were expected be in the dark Monday during what officials have said could be the strongest wind event in California this year, reports the Associate Press. More

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      'Power grab': how Republican hardball gave us Amy Coney Barrett

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      The almost certain confirmation of Amy Coney Barrett to the supreme court on Monday represents a “power grab” by Republicans facing possible wipeout at the ballot box, activists and analysts say.
      Republicans on the Senate judiciary committee shrugged off a Democratic boycott on Thursday to advance Barrett’s nomination to the full Senate, which will vote little more than a week before the presidential election. If confirmed, Barrett could be sworn in as a justice almost immediately.
      To critics, the rushed process represents one of the most naked power plays yet by a party which, confronting dismal opinion polls, is weaponizing unelected judges to compensate for setbacks in elections. Even as they contemplate the loss of political power, Republicans are poised to cement judicial power for generations.
      “This is like the last gasp by the Republican party to try to lock in their minority rule,” said Christopher Kang, co-founder and chief counsel of the progressive group Demand Justice. “They’re potentially just days away from not only losing the White House but also the Senate, maybe even resoundingly, and so they’re trying to do everything they can to consolidate on the supreme court a Trump supermajority for decades to come.”
      Under Senate majority leader Mitch McConnell, Republicans have built a reputation for ruthless bare knuckle tactics Democrats struggle to combat. They blocked swaths of Barack Obama’s legislative agenda and in 2016 refused to grant a hearing to his supreme court nominee Merrick Garland, arguing that it was an election year so the voters should decide.
      In 2018, when the conservative nominee Brett Kavanaugh faced credible allegations of sexual assault, Republicans ignored fierce protests and rammed his appointment through. And when liberal justice Ruth Bader Ginsburg died last month, Donald Trump moved like lightning to replace her with Barrett, 48, a lifetime appointment who would tilt America’s highest court to a 6-3 conservative majority.
      It was another example of Republican hardball – audacious, shameless and devastatingly effective.
      Comedian Bill Maher told viewers of his HBO show: “If you haven’t gotten it yet, this kind of completely bald-faced premeditated hypocrisy should make it clear. There’s no catching them in an inconsistency. They don’t care because it’s all and only about power. The only rule Republicans play by is: the people who win make the rules. Power talks, losers walk.”
      Democrats cried foul, pointing out that the Senate has never confirmed a supreme court nominee so close to a presidential election. They were whistling in the wind. During committee hearings Barrett swerved most of their questions, refusing to commit herself on abortion, the transfer or power or the climate crisis.
      Kang said: “The process was so rushed and she was far more evasive and refused to answer more questions than any other nominee. That was a little bit jarring, if not surprising, but it shows how little respect Republicans have not only for the Senate but the supreme court itself. The Republican party is very blatantly just treating the supreme court as another political branch of government.”
      Demand Justice has called for Democrats to fight back by expanding the court, noting that its size has been changed seven times before. Joe Biden, the Democratic presidential nominee, has said he will appoint a bipartisan commission to examine such proposals.
      Kang predicted: “Republicans’ attempt to assert their raw political partisan power grab to get a sixth seat on the court, when they already have five, could end up backfiring spectacularly on them and they could be on the losing side of a 7-6 supreme court before they know it.”
      All 12 Republicans on the judiciary committee voted in favour of Barrett. Ted Cruz of Texas hailed perhaps the “single most important accomplishment” of Trump’s presidency. Democrats displayed posters at their desks, of Americans who benefited from Obama’s Affordable Care Act which they warn Barrett could help strike down.
      Democrats have also warned that if Trump follows through on his threat to dispute the outcome of the 3 November election, it might go before Barrett and other members of the supreme court for a final ruling, just like the 2000 election between George W Bush and Al Gore.

      Laurence Tribe, a constitutional law professor at Harvard University, described Barrett’s probable confirmation as a “‘power grab’ in every relevant sense of the term, especially in light of President Trump’s open concession that he appointed judge Coney Barrett in part to ensure her ability to vote in his favour should his re-election as president end up turning on a case the supreme court would need to resolve in order to give him an electoral college victory in the face of a national popular defeat.”
      Trump has appointed more than 200 federal judges, likely to be his most lasting legacy whether he serves one term or two. Critics suggest the courts represent the last bulwark of Republican minority rule and the Barrett episode is starkly indicative of a party that has lost its ideological and ethical moorings and now treats power as an end in itself.
      Kurt Bardella, a senior adviser to the Lincoln Project, an anti-Trump group, said Republicans have betrayed their claims to be the party of fiscal responsibility, pro-life principles, small government and congressional oversight.
      “When a party diverges from itself on so many issues so many times,” he said, “it tells you they don’t actually have any moral convictions or principles that guide them. Only the pursuit of power.” More

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      Trump assaulted American democracy – here's how Democrats can save it | Robert Reich

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      Barring a miracle, Amy Coney Barrett will be confirmed on Monday as the ninth justice on the US supreme court.
      This is a travesty of democracy.
      The vote on Barrett’s confirmation will occur just eight days before election day. By contrast, the Senate didn’t even hold a hearing on Merrick Garland, who Barack Obama nominated almost a year before the end of his term. Majority leader Mitch McConnell argued at the time that any vote should wait “until we have a new president”.
      Barrett was nominated by a president who lost the popular vote by nearly 3m ballots, and who was impeached by the House of Representatives. When Barrett joins the court, five of the nine justices will have been appointed by presidents who lost the popular vote.
      The Republican senators who will vote for her represent 15 million fewer Americans than their Democratic colleagues.
      Once on the high court, Barrett will join five other reactionaries who together will be able to declare laws unconstitutional, for perhaps a generation.
      Barrett’s confirmation is the culmination of years in which a shrinking and increasingly conservative, rural and white segment of the US population has been imposing its will on the rest of America. They’ve been bankrolled by big business, seeking lower taxes and fewer regulations.
      In the event Joe Biden becomes president on 20 January and both houses of Congress come under control of the Democrats, they can reverse this trend. It may be the last chance – both for the Democrats and, more importantly, for American democracy.
      How?
      For starters, increase the size of the supreme court. The constitution says nothing about the number of justices. The court changed size seven times in its first 80 years, from as few as five justices under John Adams to 10 under Abraham Lincoln.
      Biden says if elected he’ll create a bipartisan commission to study a possible court overhaul “because it’s getting out of whack”. That’s fine, but he’ll need to move quickly. The window of opportunity could close by the 2022 midterm elections.
      Second, abolish the Senate filibuster. Under current rules, 60 votes are needed to enact legislation. This means that if Democrats win a bare majority there, Republicans could block any new legislation Biden hopes to pass.
      The filibuster could be ended with a rule change requiring 51 votes. There is growing support among Democrats for doing this if they gain that many seats. During the campaign, Biden acknowledged that the filibuster has become a negative force in government.
      The filibuster is not in the constitution either.
      The most ambitious structural reform would be to rebalance the Senate itself. For decades, rural states have been emptying as the US population has shifted to vast megalopolises. The result is a growing disparity in representation, especially of nonwhite voters.
      For example, both California, with a population of 40 million, and Wyoming, whose population is 579,000, get two senators. If population trends continue, by 2040 some 40% of Americans will live in just five states, and half of America will be represented by 18 Senators, the other half by 82.
      This distortion also skews the electoral college, because each state’s number of electors equals its total of senators and representatives. Hence, the recent presidents who have lost the popular vote.
      This growing imbalance can be remedied by creating more states representing a larger majority of Americans. At the least, statehood should be granted to Washington DC. And given that one out of eight Americans now lives in California – whose economy, if it were a separate country, would be the ninth-largest in the world – why not split it into a North and South California?
      The constitution is also silent on the number of states.
      Those who recoil from structural reforms such as the three I’ve outlined warn that Republicans will retaliate when they return to power. That’s rubbish. Republicans have already altered the ground rules. In 2016, they failed to win a majority of votes cast for the House, Senate or the presidency, yet secured control of all three.
      Barrett’s ascent is the latest illustration of how grotesque the power imbalance has become, and how it continues to entrench itself ever more deeply. If not reversed soon, it will be impossible to remedy.
      What’s at stake is not partisan politics. It is representative government. If Democrats get the opportunity, they must redress this growing imbalance – for the sake of democracy.
      Robert Reich, a former US secretary of labor, is professor of public policy at the University of California at Berkeley and the author of Saving Capitalism: For the Many, Not the Few and The Common Good. His new book, The System: Who Rigged It, How We Fix It, is out now. He is a columnist for Guardian US More

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      Democrats refuse to participate as Amy Coney Barrett nomination advanced – video

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      Amy Coney Barrett’s supreme court nomination was advanced by a unilateral Republican vote to the full Senate despite Democrats’ refusal to participate in the Senate judiciary committee hearing for what they called a ‘naked power grab’.
      Democratic senators stood outside the Capital and boycotted the vote to install Donald Trump’s third supreme court nominee less than two weeks before the election.
      No supreme court nominee has ever been installed so close to a presidential election and, just four years ago, the Senate majority leader, Mitch McConnell, and senator Lindsey Graham, who now chairs the judiciary committee, said that installing a nominee in an election year would be a shameful defiance of the will of voters
      PM admits failings as England’s Covid contact-tracing system hits new low
      Senate judiciary committee approves Amy Coney Barrett as Democrats boycott – live More

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      Senate judiciary committee votes to advance Amy Coney Barrett nomination

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      Republicans on the Senate judiciary committee voted unilaterally Thursday to advance Amy Coney Barrett’s supreme court nomination to the full Senate despite Democrats’ refusal to sit in the hearing room for what they called a naked “power grab”.
      Democratic senators had announced the night before that they would not participate in any move to install Donald Trump’s third supreme court nominee even as tens of millions of Americans vote in a presidential election less than two weeks away.
      No supreme court nominee has ever been installed so close to a presidential election, and just four years ago the Senate majority leader, Mitch McConnell, and Senator Lindsey Graham, who now chairs the judiciary committee, said that installing such a nominee in an election year would be a shameful defiance of the will of voters.
      Those qualms were nowhere in evidence on Thursday as Republicans, who hold a majority in the Senate and thus on every committee, met with themselves to send Barrett toward a seat vacated with the death last month of liberal justice Ruth Bader Ginsburg.
      “My Democratic Senate colleagues and I boycotted the supreme court nominee committee vote today,” Democratic vice-presidential nominee and California senator Kamala Harris tweeted. “Let’s be clear: this nomination process is a sham and shows how Republicans will stop at nothing to strip health care from millions of Americans with pre-existing conditions.”
      Senators plan to convene a rare weekend session for procedural actions ahead of a final confirmation vote expected Monday. McConnell has said he has the votes to confirm Barrett, whose arrival on the court would create an unassailable 6-3 conservative majority.
      “Barrett deserves to be on the supreme court and she will be confirmed,” said Graham. Democrats, he said, “made a choice not to participate”.
      Democratic senators on the committee spoke outside the Capitol later Thursday morning about what they said was a broken process demanded by a corrupt president and engineered by a Republican majority that had lost its way in a desperate attempt to hold onto power despite dwindling popular support.
      “We are descending into the low ground, the quicksand of a power grab, that will go down in history as one of the darker days of this institution,” Senator Cory Booker of New Jersey said.
      In their committee room seats, Democrats arranged for posters to be placed of constituents they said had been helped by the Affordable Care Act, also known as Obamacare, which they fear Barrett, 48, could help throw out in a case that begins oral arguments next month, amid the coronavirus pandemic.
      Barrett is a conservative whose anti-abortion views and ties to groups that have publicly opposed same-sex marriage raised alarm among progressives, as well as her unwillingness to comment on the legality of voter intimidation or to promise to recuse herself from any case arising from the coming election.

      Nan Aron, president of the progressive Alliance for Justice group, said Republicans had conducted “theater”, as opposed to a real hearing.
      “Senate Republicans believe ‘advice and consent’ means performing the theatre of a hearing without scrutinizing the nominee in the least,” Aron said in a statement. “Amy Coney Barrett refused to answer the most fundamental questions about our democracy and human rights. Today’s vote shows Senate Republicans are already confident that she will advance their agenda.”
      But Jeanne Mancini, president of the anti-abortion group March for Life, praised Barrett and compared her favorably to Ginsburg.
      “Like her predecessor, Amy Coney Barrett is a trailblazer who is a role model for Americans,” Mancini said in a statement. “Her immense respect for the law and constitution will allow her to fairly apply the law and consider the rights of everyone who comes before her, including the unborn.”
      Trump is on track to becoming the first president in decades to appoint three supreme court justices in just one term, and he has shattered records for the speed with which he has remade the judiciary, installing more than 200 federal judges with McConnell’s help.
      Previous Trump nominees Neil Gorsuch and Brett Kavanaugh joined the supreme court in 2017 and 2018, respectively.
      In her confirmation hearings, Barrett declined to say how she would rule in potential future challenges to the landmark Roe v Wade decision in 1973 that made abortion legal in the US, or other landmark reproductive rights cases.
      But progressives and mainstream legal analysts said her views on those and other issues appeared to be extreme, and they expressed concern that she could participate in the dismantling of environmental regulations, voting rights law, anti-discrimination protections, protections for immigrants and other essential safeguards.
      “It is an irresponsible and undemocratic abuse of power to see the Republican Senate leadership on the judiciary committee rush to fill Justice Ruth Ginsburg’s seat in the middle of an election and instead of providing coronavirus relief for the millions of families harmed by the pandemic and the economic crisis,” said Tina Tchen, president of the anti-sexual harassment group Time’s Up Now.
      “This sham process is preventing the American public from understanding how her extreme views are out of step with our constitutional values and principles.” More