All Things SCOTUS

What is the Supreme Court of the United States (SCOTUS) and what is its function?  Here is a good, brief summary of the SCOTUS and what it is all about: https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about .  Here is another good reference on the SCOTUS: https://www.supremecourt.gov/about/faq_general.aspx .

What does the Constitution say about the SCOTUS?  Here is a great link to the actual text of the U.S. Constitution relating to the SCOTUS; Article III, Sections 1, 2, and 3 deals with the authorities of the SCOTUS: https://www.heritage.org/constitution?gclid=EAIaIQobChMI3diQyIuC7AIVFYTICh38IwFtEAAYBCAAEgJ5MfD_BwE . 

What does the Constitution say about filling a SCOTUS vacancy?  Here is a great link to the actual text of the U.S. Constitution; Article II, Section 2 deals with the President filling a SCOTUS vacancy.  At the end of the day, there are two simple and independent steps involved in filling a SCOTUS vacancy; the President nominates and the Senate, through its actions or inactions, advises and consents: https://www.heritage.org/constitution?gclid=EAIaIQobChMI3diQyIuC7AIVFYTICh38IwFtEAAYBCAAEgJ5MfD_BwE .

Who is Amy Coney Barrett?  Here is an excellent biography of the nominee: https://www.scotusblog.com/2020/09/profile-of-a-potential-nominee-amy-coney-barrett/ .

Here are some good summaries of Barrett’s positions on frequently-discussed topics:

The issue of stare decisis: https://www.nationalreview.com/bench-memos/judge-barrett-on-stare-decisis/ .

The issue of textualism and originalism: https://www.nationalreview.com/bench-memos/judge-barrett-on-textualism-and-originalism/ .

The issue of Second Amendment rights: https://www.nationalreview.com/bench-memos/judge-barrett-on-the-second-amendment/ .

The issue of Title IX Protections for Accused Students: https://www.nationalreview.com/bench-memos/judge-barrett-on-title-ix-protections-for-accused-students/ .

The issue of abortion: https://www.nationalreview.com/bench-memos/judge-barretts-record-on-abortion/ .

What is the schedule for Barrett’s Senate confirmation?  From all indications, the Judiciary Committee will begin its confirmation hearings on Monday, October 12.  It appears that four such hearings will be held that week.  The results of those hearings will likely determine whether or not there will be more.  The time between the President’s nomination on Saturday, September 26 and October 12 will be utilized by Barrett to pay personal visits to Senators.  For “official” confirmation of the Committee schedule, you can check on their website here; there is a “Hearings” link at the top of the page: https://www.judiciary.senate.gov/ .

Who is on the Senate Judiciary Committee?  In order to be confirmed, a SCOTUS nominee must receive a majority vote from this Committee in order to advance for a full floor vote in the Senate.  Here is a good summary of the dynamic that exists between a SCOTUS nominee and the Committee: https://www.judiciary.senate.gov/nominations/supreme-court .  There are twelve Republicans and ten Democrats on the Committee.  The numerical advantage of the Republicans flows from their position as the majority party.  The Chairman is Lindsey Graham, Republican of South Carolina.  The Ranking Democrat on the Committee is Dianne Feinstein, Democrat of California.    It is of particular note that Senator Kamala Harris, the Democratic Vice-Presidential nominee, is on the Committee.  Here is a link that will let you look further into exactly who these people are: https://www.judiciary.senate.gov/about/members .

What are the rules for the Senate Judiciary Committee SCOTUS confirmation hearing?  Here are the rules for the Senate Judiciary Committee: https://www.judiciary.senate.gov/about/rules .

What are the rules for the Senate SCOTUS confirmation floor vote?  Here are the rules for the Senate floor consideration of the nominee: https://www.rules.senate.gov/rules-of-the-senate .  Fifty-one votes are required to confirm the President’s nominee.  In the case of a tie, the sitting Vice-President will vote to break the tie.

What is at stake with the Barrett nomination?  Both the Right and Left in America have their hair on fire with this issue.  After searching extensively for an article that might present a “fair and balanced” perspective on this nomination, I have concluded that it is impossible.  Every single author who pens an opinion on this subject has some baggage that will be used by those who disagree in an effort to paint them as biased.  So I will simply acknowledge the deep and clear divide on this matter and present for your consideration an example of opinion from both sides.

Vox is clearly a liberal source.  Here is what they have to say: https://www.vox.com/2020/7/21/21328863/supreme-court-trump-vacancy-voting-rights-rnc2020-epa-police .

The American Spectator is clearly a conservative source.   Here is what they have to say: https://spectator.org/amy-barrett-immediately-if-not-sooner/ .

What outcome can we expect?  Given that Barrett has already undergone a Senate confirmation process for her placement on the Seventh Circuit U.S. Court of Appeals (that confirmation took place on October 31, 2017), it is pretty close to a certainty that Barrett will proceed from the Committee to the floor.  If that occurs, it is difficult to imagine the Republicans having any problem reaching the minimum required 50 votes (with VP Pence providing the tie-breaker) to confirm Amy Coney Barrett as the next SCOTUS Justice.\

 

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