Amy Coney Barrett’s ascent to the Supreme Court is not yet assured — but it could have earth-shaking consequences for American law
is likely anytime soon. Indeed, it’s far from clear that either of Trump’s prior nominees—Justices Neil Gorsuch and Brett Kavanaugh—would favor such a step.will endure in some form, as she declared that the landmark ruling’s “fundamental element, that the woman has a right to choose abortion,” will likely remain. “The controversy right now is about funding,” she added. “It’s a question of whether abortions will be publicly or privately funded.
“I think we’re in entirely new territory,” said Lawrence Gostin, a global health law professor at Georgetown University. “Covid-19 has proved to be so politically charged that we see a flood of litigation,” he added. Although the court often bats away those emergency requests without comment or noted dissent, the justices divided 5-4 earlier this year as it turned aside challenges from churches in California and Nevada complaining that they were being unfairly targeted by lockdown orders.to grant broad leeway to state officials, while the rest of the court’s conservatives sharply dissented over what they viewed at second-class treatment for religion and the religious.
It appears the GOP would have come up short in the case regardless of how Barrett viewed the issue, but her move to buck a Republican Party-backed suit related to the virus is worth noting.If Barrett makes it to the high court before the election, she might barely have time to catch her breath before hearing arguments in what is viewed as the biggest case on the court’s docket for this term: a Trump administration-backed challenge aimed at taking down the Affordable Care Act.
Barrett also signed a protest against Obamacare’s birth-control mandate on the grounds that it violated religious liberties. This summer, the justices greenlit a Trump administration regulation granting employers wide exemption not to comply with the law’s requirement for cost-free contraception for their workers. But the bench didn’t resolve all the legal questions raised by the polarizing case, and the policy is almost sure to come before the Supreme Court again.
Of course, many other election-related issues regularly reach the court, including redistricting and voter identification laws. Barrett is a conservative who would be joining an already reliably conservative court on those issues and she’s unlikely to reach the bench in time to rule on a flurry of emergency petitions expected to arise in the coming weeks relating to changes various states have made to voting procedures as a response to Covid-19.
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