For Trump, the selection of a third Supreme Court justice will be a reward for the party that has enabled him—and a craven justification for them to keep doing so
on Sunday. “She has made clear she would invalidate the A.C.A. and take health care away from millions of people and undermine a woman’s reproductive freedom.”
One of the striking things about Barrett is how deliberate her potential path to the Supreme Court has been. Of course, no one accidentally finds themselves on the bench. But her career trajectory stands out. Soon after her arrival at Notre Dame Law School in the mid-1990s, religious conservatives—seeking smart, young people to help them undo progressive legal victories of the ’60s and ’70s—took notice of Barrett and championed her career.
That a decision impacting the lives of millions of Americans will almost certainly come down to such crude political calculations is dispiriting. So, too, is the fact that a pick will be made before the election at all, given the position McConnell and the Republicans staked out in 2016. No doubt you recall them refusing to hold hearings for’s choice to replace Scalia, on the grounds that it was an election year.
Such a naked power grab could appeal to conservatives. But the prospect of Justice Barrett—and potentially other future picks, should Trump remain in office past January—could also energize the president’s opponents, incensed that this vacancy could go to someone who poses a threat to the rights her predecessor spent her life championing.
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