Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate as Republicans overpowered 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.”
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 November 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.”