VIDEO | Amy Coney Barrett confirmed as justice for Supreme Court

President Donald Trump watches as Supreme Court Justice Clarence Thomas administers the Constitutional Oath to Amy Coney Barrett on the South Lawn of the White House in Washington, Monday, Oct. 26, 2020, after Barrett was confirmed by the Senate earlier in the evening. (AP Photo/Patrick Semansky)
President Donald Trump watches as Supreme Court Justice Clarence Thomas administers the Constitutional Oath to Amy Coney Barrett on the South Lawn of the White House in Washington, Monday, Oct. 26, 2020, after Barrett was confirmed by the Senate earlier in the evening. (AP Photo/Patrick Semansky)

WASHINGTON - Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with 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.

"This is a momentous day for America," Trump said at a primetime swearing-in event on the South Lawn at the White House.

Justice Clarence Thomas administered the Constitutional Oath to Barrett before a crowd of about 200. Barrett will be able to participate in the court after taking the judicial oath administered by Chief Justice John Roberts in a private ceremony at the court Tuesday.

Barrett told those gathered that she learned through the "rigorous confirmation" that "it is the job of a judge to resist her policy preferences." She vowed, "I will do my job without any fear or favor."

Monday's 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 when his aides tested positive for COVID-19. The vote was 52-48, and Pence's vote was not necessary.

"Voting to confirm this nominee should make every single senator proud," said Senate Majority Leader Mitch McConnell, fending off "outlandish" criticism in a lengthy speech. During a rare weekend session he declared that Barrett's opponents "won't be able to do much about this for a long time to come."

Underscoring the political divide during the pandemic, the Republican senators, most wearing masks, sat in their seats as is tradition for landmark votes, and applauded the outcome, with fist-bumps. Democratic senators were not present, heeding Senate Democratic leader Chuck Schumer's advice not to linger in the chamber. Some GOP senators tested positive for the coronavirus following a Rose Garden event with Trump to announce Barrett's nomination last month, but have since returned from quarantine.

Democrats argued for weeks that the vote was being improperly rushed and insisted during an all-night Sunday session it should be up to the winner of the Nov. 3 election to name the nominee. 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.

The justices also are weighing Trump's emergency plea for the court to prevent the Manhattan District Attorney from acquiring his tax returns. And on Nov. 10, the court is expected to hear the Trump-backed challenge to the Obama-era Affordable Care Act. Just before the Senate vote began, the court sided with Republicans in refusing to extend the deadline for absentee ballots in Wisconsin.

Trump has said he wanted to swiftly install a ninth justice to resolve election disputes and is hopeful the justices will end the health law known as "Obamacare."

During several days of public testimony before the Senate Judiciary Committee, Barrett was careful not to disclose how she would rule on any such cases.

She presented herself as a neutral arbiter and suggested, "It's not the law of Amy." But her writings against abortion and a ruling on "Obamacare" show a deeply conservative thinker.

Sen. Lindsey Graham, R-S.C., the chairman of the Judiciary Committee, praised the mother of seven as a role model for women. "This is historic," Graham said.

Republicans focused on her Catholic faith, criticizing earlier Democratic questions about her beliefs. Graham called Barrett "unabashedly pro-life."

At the start of Trump's presidency, McConnell changed Senate rules to allow confirmation by a majority of the 100 senators, rather than the 60-vote threshold traditionally needed to advance high court nominees over objections. That was an escalation of a rules change Democrats put in place to advance other court and administrative nominees under President Barack Obama.

Republicans are taking a political plunge days from the Nov. 3 election with the presidency and their Senate majority at stake.

Only one Republican - Sen. Susan Collins, who is in a tight reelection fight in Maine - voted against the nominee, not over any direct assessment of Barrett. Rather, Collins said, "I do not think it is fair nor consistent to have a Senate confirmation vote prior to the election."

In 2016, McConnell refused to allow the Senate to consider then-President Barack Obama's choice to replace the late Justice Antonin Scalia, arguing the new president should decide.

Demonstrations for and against the nominee have been more muted at the Capitol under coronavirus restrictions.

Democrats were unified against Barrett. While two Democratic senators voted to confirm Barrett in 2017 after Trump nominated the Notre Dame Law School professor to the appellate court, none voted to confirm her to the high court.

In a display of party priorities, California Sen. Kamala Harris, the vice presidential nominee, returned to Washington from the campaign trail to join colleagues with a no vote.

No other Supreme Court justice has been confirmed on a recorded vote with no support from the minority party in at least 150 years, according to information provided by the Senate Historical Office.

 

Upcoming Events