Now that there’s an empty seat on the Supreme Court, the Republican party is pushing for the nomination of a new Supreme Court judge in order to fill the vacant seat.
Republican, and once presidential candidate, Mitt Romney, has spoken out against President Trump, even voting to impeach him. However, they both agree that the vacant seat in the Supreme Court should be filled by the time the election rolls around in November.
According to Senator Romney, the nomination should represent the beliefs of a center-right nation, and therefore, a Supreme Court that reflects that. He also wants “…The next justice to make decisions based on the Constitution and the law.” NPR reports that he would vote “…Based upon the qualifications of the nominee,” if one reaches the Senate floor.
According to the Associated Press article, the only two Senate Republicans who are opposed to a new justice before the election are Senators Lisa Murkowski of Alaska and Susan Collins of Maine. Both Senators gave the same reason Mitch McConnell did in 2016; that the American people should be the ones to have a say in the election of the next Supreme Court Justice.
The nomination and confirmation of a Conservative judge would mean that there would be five conservative-leaning judges and four liberal-leaning judges. This could jeopardize Supreme Court decisions like Roe v. Wade and the Affordable Care Act. Vox News states, “Barrett has twice voted in abortion cases, both times in ways favorable to abortion restrictions. And while she’s said she doesn’t believe Roe v. Wade will be overturned outright, she’s also made clear that she’s open to reversing Supreme Court precedent if she thinks a previous decision goes against the Constitution.”
This isn’t the first time the death of a Supreme Court Justice has created political turmoil. In 2016, when President Obama nominated Merrick Garland nine months prior to an election year, after the death of Supreme Court Justice Antonin Scalia, Time reported, “Republicans said that the seat should not be filled in an election year, and refused to hold hearings to consider Obama’s eventual nominee, Judge Merrick Garland.”
The Time article contrasted Mitch McConnell’s and other Republican Senators’ statements on the 2016 Supreme Court nominee in comparison to the current Supreme Court vacancy. In 2016, Mitch McConnell stated that, “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.” Now, McConnell asserts, “We pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise. President Trump’s nominee will receive a vote on the floor of the United States Senate.”
Senator Ted Cruz echoed the statement in the past that a judge shouldn’t be selected until a new president is elected. This opposes his new opinion that it is now “Critical that the Senate takes up and confirms [a] successor before Election Day. This nomination is why Donald Trump was elected, and this confirmation is why the voters voted for a Republican majority in the Senate.”
President Trump announced Judge Amy Coney Barrett as his nominee for the United States Supreme Court. Amy Coney Barret is a judge for the United States Circuit of Appeals for the Seventh Circuit, as well as a professor of law at the University of Notre Dame. Barrett was also a law clerk for Antonin Scalia.
Presidential candidate Joe Biden has only stated that if he were to be elected president, he would nominate a black woman. But, he hasn’t announced who he would nominate yet. Instead, it seems he, like others, is waiting until after the presidential election to decide who should fill the vacant seat in the Supreme Court. This is an attempt to honor and respect the last wishes of Supreme Court Justice Ruth Bader Ginsburg, who adamantly opposed Trump electing a new Supreme Court Judge.
Right now, all American citizens are anxiously awaiting news about when and who will fill the vacant seat.
