Barrett confirmed as Supreme Court justice

CBS News-Amy Coney Barrett

Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come.

Posted: Oct 26, 2020 8:25 PM
Updated: Oct 26, 2020 9:00 PM

WASHINGTON (AP) — Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, Republicans overpowering Democrats to install President Donald Trump’s nominee days before the election and secure a likely conservative court majority for years to come.

Trump's choice to fill the vacancy of the late liberal icon Ruth Bader Ginsburg potentially opens a new era of rulings on abortion, the Affordable Care Act and even his own election. Democrats were unable to stop the outcome, Trump's third justice on the court, as Republicans race to reshape the judiciary.

Barrett is 48, and her lifetime appointment as the 115th justice will solidify the court's rightward tilt.

Monday's 52-48 vote was the closest high court confirmation ever to a presidential election, and the first in modern times with no support from the minority party. The spiking COVID-19 crisis has hung over the proceedings. Vice President Mike Pence's office said Monday he would not preside at the Senate session unless his tie-breaking vote was needed after Democrats asked him to stay away when his aides tested positive for COVID-19. His vote was not necessary.

With Barrett's confirmation assured, Trump was expected to celebrate with a primetime swearing-in event at the White House. Justice Clarence Thomas was set to administer the Constitutional Oath, a senior White House official said.

“This is something to be really proud of and feel good about,” Senate Majority Leader Mitch McConnell said during a rare weekend session Sunday ahead of voting. He scoffed at the “apocalyptic” warnings from critics that the judicial branch was becoming mired in partisan politics and declared that "they won’t be able to do much about this for a long time to come.”

Pence's presence presiding for the vote would have been expected, showcasing the Republican priority. But Senate Democratic leader Chuck Schumer and his leadership team said it would not only violate virus guidelines of the Centers for Disease Control and Prevention, “it would also be a violation of common decency and courtesy.”

Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett’s nomination last month, but they have since said they have been cleared by their doctors from quarantine. Pence was not infected and his office said the vice president tested negative for the virus Monday.

Democrats argued for weeks that the vote was being improperly rushed and insisted during an all-night Sunday session it should be up to the winner of the Nov. 3 election to name the nominee. However, Barrett, a federal appeals court judge from Indiana, is expected to be seated swiftly, and begin hearing cases.

Speaking near midnight Sunday, Sen. Elizabeth Warren, D-Mass., called the vote “illegitimate” and “the last gasp of a desperate party.”

Several matters are awaiting decision just a week before Election Day, and Barrett could be a decisive vote in Republican appeals of orders extending the deadlines for absentee ballots in North Carolina and Pennsylvania.

The justices also are weighing Trump’s emergency plea for the court to prevent the Manhattan District Attorney from acquiring his tax returns. And on Nov. 10, the court is expected to hear the Trump-backed challenge to the Obama-era Affordable Care Act.

Trump has said he wanted to swiftly install a ninth justice to resolve election disputes and is hopeful the justices will end the health law known as “Obamacare.”

During several days of public testimony before the Senate Judiciary Committee, Barrett was careful not to disclose how she would rule on any such cases.

She presented herself as a neutral arbiter and suggested, “It’s not the law of Amy.” But her writings against abortion and a ruling on “Obamacare” show a deeply conservative thinker.

Sen. Lindsey Graham, R-S.C., the chairman of the Judiciary Committee, praised the mother of seven as a role model — “a conservative woman who embraces her faith.” Republicans focused on her Catholic religion, dismissing earlier Democratic questions about her beliefs. Graham said Barrett is "unabashedly pro-life, but she’s not going to apply ‘the law of Amy’ to all of us.”

At the start of Trump’s presidency, McConnell engineered a Senate rules change to allow confirmation by a majority of the 100 senators, rather than the 60-vote threshold traditionally needed to advance high court nominees over objections. That was an escalation of a rules change Democrats put in place to advance other court and administrative nominees under President Barack Obama.

Republicans are taking a political plunge by pushing for confirmation days from the Nov. 3 election with the presidency and their Senate majority at stake.

Only one Republican — Sen. Susan Collins, who is in a tight reelection fight in Maine — voted against the nominee, not over any direct assessment of Barrett. Rather, Collins said, “I do not think it is fair nor consistent to have a Senate confirmation vote prior to the election.”

Trump and his Republican allies had hoped for a campaign boost, in much the way Trump generated excitement among conservatives and evangelical Christians in 2016 over a court vacancy. That year, McConnell refused to allow the Senate to consider then-President Barack Obama's choice to replace the late Justice Antonin Scalia, arguing the new president should decide.

Most other Republicans facing tough races embraced the nominee to bolster their standing with conservatives. Sen. Thom Tillis, R-N.C., said in a speech Monday that Barrett will “go down in history as one of the great justices.”

But it's not clear the extraordinary effort to install the new justice over such opposition in a heated election year will pay political rewards to the GOP.

Demonstrations for and against the nominee have been more muted at the Capitol under coronavirus restrictions.

Democrats are unified against Barrett. While two Democratic senators voted to confirm Barrett in 2017 after Trump nominated the Notre Dame Law School professor to the appellate court, none voted to confirm her to the high court.

In a display of party priorities, California Sen. Kamala Harris, the vice presidential nominee, returned to Washington from the campaign trail to join colleagues with a no vote.

No other Supreme Court justice has been confirmed on a recorded vote with no support from the minority party in at least 150 years, according to information provided by the Senate Historical Office.

___

Associated Press writers Mary Clare Jalonick, Andrew Taylor, Mark Sherman, Zeke Miller and Aamer Madhani in Washington and Kathleen Ronayne in Sacramento, Ca., contributed to this report.

West Lafayette
Clear
21° wxIcon
Hi: 45° Lo: 24°
Feels Like: °
Kokomo
Clear
22° wxIcon
Hi: 39° Lo: 22°
Feels Like: 12°
Rensselaer
Clear
19° wxIcon
Hi: 41° Lo: 22°
Feels Like: 13°
Fowler
Clear
19° wxIcon
Hi: 43° Lo: 23°
Feels Like: 13°
Williamsport
Clear
21° wxIcon
Hi: 44° Lo: 22°
Feels Like: °
Crawfordsville
Clear
20° wxIcon
Hi: 44° Lo: 25°
Feels Like: 20°
Frankfort
Clear
22° wxIcon
Hi: 42° Lo: 24°
Feels Like: 14°
Delphi
Clear
21° wxIcon
Hi: 42° Lo: 23°
Feels Like: 15°
Monticello
Clear
21° wxIcon
Hi: 42° Lo: 22°
Feels Like: 15°
Logansport
Clear
21° wxIcon
Hi: 39° Lo: 20°
Feels Like: 12°
Cold night, then drier, milder regime.
WLFI Radar
WLFI Temps
WLFI Planner

Indiana Coronavirus Cases

Data is updated nightly.

Cases: 338977

Reported Deaths: 5723
CountyCasesDeaths
Marion46131870
Lake29183469
Allen19572307
Elkhart18074236
St. Joseph17808239
Hamilton14364172
Vanderburgh10546128
Tippecanoe948130
Porter890690
Johnson7132171
Hendricks6820162
Vigo643592
Monroe572452
Madison5506124
Clark547678
Delaware5252104
LaPorte501997
Kosciusko484042
Howard382978
Bartholomew355165
Warrick350073
Wayne345886
Floyd338078
Marshall320446
Cass311531
Grant302550
Hancock294357
Noble274147
Boone267655
Henry266139
Dubois253732
Jackson242034
Dearborn241131
Morgan236543
Gibson207329
Shelby204159
Knox198021
DeKalb193435
Clinton192922
Lawrence191349
Wabash183922
Miami181417
Adams180023
Daviess167545
Fayette159834
Jasper159113
Montgomery158329
Steuben158116
Harrison155824
Ripley155721
LaGrange152232
Whitley149715
Huntington141810
White140323
Decatur140044
Putnam138129
Wells137030
Clay135125
Randolph134022
Jefferson133416
Posey130318
Scott119421
Greene112253
Sullivan106717
Jay106414
Jennings98714
Starke98025
Spencer9268
Fulton90119
Fountain8778
Perry87321
Washington8487
Franklin77027
Carroll75313
Orange73128
Vermillion6927
Owen6699
Parke6466
Tipton64027
Rush6078
Blackford59613
Newton59412
Pike54920
Pulaski45016
Benton3943
Martin3866
Brown3815
Crawford3251
Union3012
Switzerland2735
Warren2663
Ohio2457
Unassigned0267

COVID-19 Important links and resources

As the spread of COVID-19, or as it's more commonly known as the coronavirus continues, this page will serve as your one-stop for the resources you need to stay informed and to keep you and your family safe. CLICK HERE

Closings related to the prevention of the COVID-19 can be found on our Closings page.

Community Events