Judgment Decision

Trump’s pick for the Supreme Court is of no small consequence.

Al Drago for The New York Times

The wait for a new Supreme Court justice appears to be near, but President Trump’s nomination has come with more than its fair share of controversy.

Michelle Hwang, Staff Writer

After news of Ruth Bader Ginsburg’s death reached the ears of the American public, the country has been on its toes, impatiently waiting to see whom President Trump would choose to fill the vacancy left by the departed justice. This past Saturday, the 26th of September, the wait came to an end. President Trump has announced Judge Amy Coney Barrett as his pick for the Supreme Court. 

However, in typical American fashion, this announcement has not come without its fair share of controversy. Amy Coney Barrett is, as one NPR article put it, “a dream for the right,” and a “nightmare for the left.”  

As a faculty member of Notre Dame Law School, Barrett has been deemed “Distinguished Professor of the Year” by her students on three separate occasions. She has received high praise from her colleagues, who describe her as “a model of the fair, impartial and sympathetic judge.” Judge Barrett is also the mother of seven children and a devout Roman Catholic. However, she has stressed that her faith does not affect her judicial decisions.

Since 2017, Judge Barrett has served in the U.S. Court of Appeals, which determines whether or not the law was applied correctly in a trial. She attended Rhodes College for her bachelors degree and went to law school at Notre Dame, where she graduated at the top of her 1997 class. After law school, Barrett clerked for the late Antonin Scalia, the former right-leaning Supreme Court justice, whom Judge Barrett heavily reflects in many of her judicial standings. 

The dispute surrounding Judge Barrett is not about her qualifications or her moral character but rather about what her appointment could mean for the country’s future.

“The issue is political,” said Mr. Venezia, AP US History teacher at NASH. “Replacing an outspoken, liberal judge with a very conservative one will tip the court dramatically in the conservative direction.” 

Judge Barrett has expressed support for stricter regulations in regards to abortion, the extension of gun rights, and other rulings that align with the right. Democrats worry that Judge Barrett’s largely conservative ruling record will result in the dismantling of laws, such as the Affordable Care Act, and past Supreme Court rulings, such as Roe V. Wade. Furthermore, the appointment of Judge Barrett to the Supreme Court bench will change the court makeup into a 6-3 conservative majority. 

For some NASH students, Judge Barrett’s firm alignment with the right presents dangers. 

“The idea behind the Supreme Court was to not have it be insanely partisan(though it’s becoming very partisan),” said one junior, who asked to remain anonymous.  “She [Judge Barrett] is simply way too conservative to not let that get in the way of her rulings. I expect to see her, as people have said, close every door RBG opened for her to get that position, whether that be reproductive rights or anything else RBG worked for in her career” 

But for other NASH students, such as junior John Dowd, President Trump’s decision is to be applauded.

“I think Barrett is a fine choice for the Supreme Court, and I think she will do well there,” Dowd said. “She has said before that ‘Judges are not policymakers, and they must be resolute in setting aside any policy views they may hold,’ and personally I respect that a lot.”

In the coming weeks, Republicans will rush to get Barrett seated on the Supreme Court before the election. Senate Judiciary committee hearings have already been set to begin on October 12, and voting is expected to be in late October. 

The timing of this decision has become another point of controversy. Democrats are furious that Republicans are attempting to push Judge Barrett’s appointment through so close to Election Day. Especially since former President Obama’s nominee, Merrick Garland, was blocked more than seven months before the 2016 election. 

Some others consider Barrett’s nomination a disgrace to the late Justice Ginsburg, whose last wish was to have her successor be selected after a new president came into office. These sentiments extend to NASH students as well. 

One junior said, “I think the Republican push for Barrett to be instituted as soon as possible is wrong. Of course, I understand why they want to rush her in, but overall I do find it incredibly disrespectful to the late Justice Ginsburg’s last wishes.”

However, the Republicans’ determination is clear, and it seems unlikely that Democrats will be able to stop Barrett from ascending to the Supreme Court. 

Regardless of personal opinion on Judge Barrett may be, two things are certain. First, her position on the Supreme Court will continue to be controversial throughout America. And second, Judge Barrett’s ascension to the bench will have a great impact on this country’s future.

As Venezia said, “The ramifications of this could be felt in decisions coming for decades.”