WASHINGTON (AP) — Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate. Republicans overpowering 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 election. Democrats were unable to stop the outcome, Trump’s third justice on the court, as Republicans race to reshape the judiciary.
Amy Coney 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 from 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 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.”
Pence’s presence presiding for the vote would have been expected, showcasing the Republican priority. But Senate Democratic leader Chuck Schumer and his leadership team said it would not only violate virus guidelines of the Centers for Disease Control and Prevention but “it would also be a violation of common decency and courtesy.”
Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett’s nomination last month. Still, they have since said their doctors had cleared them from quarantine. Pence was not infected, and his office said the vice president tested negative for the virus Monday.
Democrats argued for weeks that the vote was being improperly rushed and insisted that it should be up to the winner of the Nov. 3 election to name the nominee during an all-night Sunday session. 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.”
Several matters are awaiting decision just a week before Election Day. Barrett could be a decisive vote in Republican appeals of orders extending the deadlines for absentee ballots in North Carolina and Pennsylvania.