Senate confirms Amy Coney Barrett to the Supreme Court
The confirmation vote fell mostly along party lines, and Barrett’s confirmation marks the third justice nominated by President Trump to the court.
October 26, 2020
The U.S. Senate voted to confirm Judge Amy Coney Barrett to the Supreme Court Monday, closing out a divisive confirmation process eight days before Election Day. The vote fell largely along party lines, with Sen. Susan Collins of Maine being the only Republican who voted no.
The confirmation was the end of a bitter 30-day battle between Republicans and Democrats in the Senate. Democrats said President Trump’s nominee shouldn’t be considered in an election in which millions had already voted. With a Republican president and Republican-majority Senate, Republicans argued this scenario is different than 2016 when they blocked Barack Obama’s nominee.
Barrett’s confirmation came just days before a general election in which more than 63 million Americans have cast early ballots, according to the U.S. Elections Project.
The third judge Trump has nominated to the court, Barrett is seen as a philosophical successor to Justice Antonin Scalia, and her confirmation further cements a conservative majority in the high court.
Both Republican senators from Iowa, Chuck Grassley and Joni Ernst, voted to confirm Barrett.
“Only 100 years ago, women in this country obtained the right to vote,” Ernst said in a statement after the vote. “And today, I was proud to vote to confirm another woman to our nation’s highest court. Throughout her academic and legal career, and in her personal life, Judge Amy Coney Barrett has proven to have the character, temperament, and experience Iowans, and all Americans, look for in a Supreme Court Justice.”
Ernst faces a competitive challenge in the Senate race from Democrat Theresa Greenfield, who has accused Ernst of hypocrisy on her decision to confirm Barrett. Ernst supported Senate Republicans in 2016 to block Obama’s nomination to replace Antonin Scalia during an election year. Ernst reiterated that stance in 2018, saying Trump shouldn’t nominate a justice during an election year, but she has since reversed her position.
“Tonight, Senator Ernst put party loyalty ahead of her responsibility to Iowans,” Greenfield said in a statement. “Instead of passing a robust phase-four stimulus package to get hardworking Iowans the help we urgently need, Ernst spent the last month doing exactly what she promised not to — flip-flopping on her pledge not to fill a Supreme Court vacancy during an election year and rushing to confirm a nominee to a lifetime seat while Iowans are already voting, putting Iowa’s Medicaid expansion and protections for Iowans with pre-existing conditions at greater risk than ever before.”
In a video statement on Monday, Iowa Democratic Party Chair Mark Smith focused on upcoming oral arguments in the Supreme Court that could overturn the Affordable Care Act, saying Ernst’s vote is a vote against the ACA.
During confirmation hearings, Barrett did not give indication on how she would rule on the case. In a 2017 essay, Barrett said of a previous challenge to the law that Supreme Court Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning to save the statute.”
“Tonight, Senator Ernst cast a critical vote to enable the Supreme Court to strike down the Affordable Care Act and end coverage protections for pre-existing conditions,” Smith said. “This is something she’s tried and failed to achieve throughout her six years in Washington”
In a statement, Iowa GOP Chair Jeff Kaufmann praised Barrett as an inspiration to women and a qualified justice for the court.
“Americans overwhelmingly support Judge Barrett’s confirmation, yet Democrats like Theresa Greenfield have politicized the process — doing a terrible disservice to the American people,” Kaufmann said. “Greenfield supported Sen. Minority Leader Chuck Schumer’s efforts to obstruct and resist the confirmation process, and she followed his lead on packing the court, telling Iowa voters everything they need to know: Greenfield would be a reliable vote for Schumer and the Democrats’ agenda.”