Barrett highly qualified and Democrats will still attack her!

 Weekly Opinion Editorial

BIDEN SHOULD REVEAL HIS PICK FOR SCOTUS!

by Steve Fair

     On Saturday, President Trump nominated federal appellate Judge Amy Coney Barrett to fill the Supreme Court vacancy created when Justice Ruth Bader Ginsburg died.  Barrett, 48, clerked for Antonin Scalia in the late 90s, teaches law at Notre Dame, is mother to seven children, and a devout Catholic. She subscribes to the ‘original intent’ view of interpreting the U.S. Constitution like her mentor Scalia.  If confirmed, she would be the first justice to have school age children.  She would also be the youngest member of the court.

     On Sunday, Sen. Lindsay Graham, (R-S.C.) said hearings in the Senate Judiciary committee will begin on October 12^th.  He said the hearings will take two weeks, which would make a floor vote to confirm possible before the November 3^rd election.  Scheduling of that vote would be up to Sen. Mitch McConnell, (R-KY).  Four observations:     

     First, attacking Barrett will prove problematic for Democrats.  That doesn’t mean they won’t pounce in the hearings, but attacking a woman, a mother, and a clearly qualified nominee might backfire.  Even some liberals don’t question Barrett’s credentials.  Their concern is she will be a conservative on the court that could potentially rule ‘constitutionally’ on Obamacare and abortion.  Sen. Kamala Harris, (D-CA), the Democrat’s nominee for VP, is on the judiciary committee.  She was the attack dog at Brett Kavanaugh’s confirmation hearings.   Expect Barrett’s hearings to be partisan and mean-spirited.  Even though it is against federal law to discriminate based on religion, expect Democrats to attack Barrett’s Christian worldview.

     Second, Democrats can’t stop Barrett being confirmed.  There are 53 Republicans in the Senate.  Only 2 have said they would vote against confirmation.  Surprisingly, Sen. Mitt Romney, (R-UT) has said he would vote to confirm.  All 45 Democrats and the 2 Independents have said they would oppose confirmation (talk about group-think).  Confirmation requires a simple majority, so Democrats can do little more than scream ‘unfair’ when they lose.

     Third, President Trump’s legacy is secured with this third confirmation.  Win or lose in November, Trump will leave his mark on America through the Supreme Court.  His three nominee’s average 51 years old and will likely serve on the court for decades.   If re-elected, Trump could fill a couple of more seats on the SCOTUS, which would be the most since FDR.

     Fourth, Democrats have already floated the idea to expand the court. In a conference call with the Senate Democrat caucus, minority leader Sen. Chuck Schumer, (R-NY), said, “nothing is off the table if Republicans try to fill the seat.”  That includes adding justices to the court to offset the conservative/originalist members.  The last time the court was expanded was in 1837 when Andrew Jackson was president, when they added two members to bring the court to its current number of nine.  Packing the court would face stiff opposition, but Democrats have little choice if they expect to dilute the conservative bent.

     On Tuesday, the first of three presidential debates will be held.  Expect the opening on the SCOTUS to be discussed.  Vice President Biden will attack President Trump for nominating Barrett.  A fair question would be who Biden would have nominated if he were POTUS.