AFA of PA ACTION ALERT
September 24, 2020
Issue
Filling the Ginsburg Seat on the US Supreme Court
Details
Democrats are saying the Senate MUST wait to confirm the next Justice of the US Supreme Court, but there is nothing in the Constitution that requires a choice be made after an upcoming Presidential election. They’re saying there’s not enough time to confirm a hearing this close to the election. However, did you know:
That timeline will be almost a week longer than the confirmation process took for Chief Justice John Roberts in 2005. That was 24 days in September, nomination to confirmation
We can confirm a nominee with as little as 47 votes because there is a difference between a “No” Vote and simply “Not Voting.
Our next Supreme Court nominee will not be confirmed by a majority of Senators, but by a majority of Senators voting, with Vice President Mike Pence breaking any ties. Therefore, if 100 Senators vote, a majority is 51. If 94 Senators vote, a majority is 47.
There is also no doubt that the best choice President Trump can make from his short list of potential nominees is Amy Coney Barrett. She was confirmed in 2017 to the 7th Circuit Court of Appeals. As a long-time law professor at Notre Dame, her judicial philosophy is well known from her extensive writings on the role of the judiciary, precedent, and judicial intrusion into legislative affairs. dissented against Planned Parenthood in their challenge to two Indiana laws (1) preventing eugenics abortions and (2) requiring that a fetus must be buried or cremated. Her record and writings evidence that she would be a solid constitutionalist on the Supreme Court. Moreover, she has been through the fire of a highly contested confirmation battle which left her opponents in the Senate discredited for attacking her Christian faith. She was confirmed in 2017 with the votes of all Republicans and three Democrats.
- Barrett believes Supreme Court Justices should adhere to the Rule of Law and not impose their political preferences through rulings.
- Barrett believes Justices must resist the temptation to impose their policy preferences and must simply apply the Constitution.
- Barrett says Roe was created by “Judicial Fiat,” saying Roe is not settled by society, and therefore, may be reversed.
- Barrett understands that courts have limited power and cannot exceed their interpretative authority.
- Barrett believes judges’ duty is to follow text of Constitution over contrary court precedent.
- She believes life begins at conception
- She opposed Obamacare’s requirement that employers provide contraceptive coverage in health care plans
- She says church prohibitions on abortion are absolute.
- Barrett criticized court creation of rights for non-citizens.
- She criticized Chief Justice John Roberts on his Obamacare decision
- She says the intent of Congress and the text of the law do not require that “physiological males who identify as females’ be permitted in female restrooms.
Action Steps
Ask President Trump to nominate Judge Amy Coney Barrett to fill Ruth Bader Ginsburg’s seat.
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