Analysis: More than two dozen legal thinkers game out what Trump’s new SCOTUS pick means for America’s biggest legal fights, the court’s reputation, the fate of its “swing seat” and more (via POLITICOMag)
going to see dramatic changes in constitutional law within a year. But let’s assume the court stays the same for the next five years .
Everything that is known about Judge Amy Coney Barrett is that she is extremely conservative and will be at the far right of the Supreme Court. She is a self-professed originalist. President Donald Trump undoubtedly picked her because she is a sure vote — and likely the fifth vote — to overturn.
But the concerns with this nomination run far deeper than Barrett’s qualifications, for both institutional and jurisprudential reasons. The institutional concerns pertain to both the U.S. Senate and the Supreme Court itself. Ramming through a nominee at this point exposes the naked hypocrisy of the GOP senators.
When the next justice takes her seat on the bench, the chief justice will wish her a long and happy career in “our common calling.” That phrase will be repeated whenever a justice celebrates a milestone anniversary. United in that common calling, justices make decisions that need to be made, sometimes disagreeing deeply. But they remain friends, ready to face together the next decision required by their common calling.
But either way, all will not be lost. There are currently 15 states with both Democratic legislatures and governors . Those states, and maybe more after Nov. 3, will likely move to cement abortion rights into their constitutions, beyond the Supreme Court’s reach. Having a patchwork of pro- and anti-abortion states is not ideal, but it is preferable to a nationwide ban, only attainable through an unlikely constitutional amendment.
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