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| Trump nominates Amy Coney Barrett to supreme court – as it happened | |
| (32 minutes later) | |
| President names replacement for Ruth Bader Ginsburg – follow all the latest news live | President names replacement for Ruth Bader Ginsburg – follow all the latest news live |
| We’re ending our coverage for today, thanks for following along. Some links and developments: | |
| Trump names Amy Coney Barrett for supreme court, stoking liberal backlash | |
| Who is Amy Coney Barrett? Trump’s anti-abortion supreme court nominee | |
| Trump has nominated Barrett to the supreme court – what happens next? | |
| Spotlight falls on Barrett’s membership of secretive Catholic group People of Praise | |
| ‘Not special any more’: how the Senate has failed the American people | |
| Lisa Murkowski has broken rank with Senate Republicans by saying she does not agree with Donald Trump’s decision to nominate a supreme court justice so close to the election (although she did not say whether she feels the same about Trump nominating after the election if he loses). On Saturday, she said she still intends to meet with Trump’s nomination, Amy Coney Barrett. | Lisa Murkowski has broken rank with Senate Republicans by saying she does not agree with Donald Trump’s decision to nominate a supreme court justice so close to the election (although she did not say whether she feels the same about Trump nominating after the election if he loses). On Saturday, she said she still intends to meet with Trump’s nomination, Amy Coney Barrett. |
| “For weeks I have stated that I do not support taking up a potential Supreme Court vacancy this close to an election,” said the Alaska senator in a statement. “But today the President exercised his constitutional authority to nominate an individual to fill the vacancy on the Supreme Court left by the passing of Justice Ruth Bader Ginsburg. I welcome the opportunity to meet with the Supreme Court nominee, just as I did in 2016.” | “For weeks I have stated that I do not support taking up a potential Supreme Court vacancy this close to an election,” said the Alaska senator in a statement. “But today the President exercised his constitutional authority to nominate an individual to fill the vacancy on the Supreme Court left by the passing of Justice Ruth Bader Ginsburg. I welcome the opportunity to meet with the Supreme Court nominee, just as I did in 2016.” |
| Donald Trump on Saturday nominated Amy Coney Barrett to fill the supreme court seat vacated with the death of Ruth Bader Ginsburg. Republicans in the US Senate are expected to move immediately to confirm the choice. | Donald Trump on Saturday nominated Amy Coney Barrett to fill the supreme court seat vacated with the death of Ruth Bader Ginsburg. Republicans in the US Senate are expected to move immediately to confirm the choice. |
| That will be accomplished when they can hold a vote on the nominee on the Senate floor, with a bare majority of voting senators needed to confirm the pick. Any tie would be broken by the vice-president, Mike Pence. | That will be accomplished when they can hold a vote on the nominee on the Senate floor, with a bare majority of voting senators needed to confirm the pick. Any tie would be broken by the vice-president, Mike Pence. |
| The Republicans appear to have plenty of time to complete the job before the end of the current congressional term on 2 January 2021, which is 99 days away. Of the eight justices currently serving on the court, the average number of days from nomination to final Senate vote has been 72 days, according to the Congressional Research Service. | The Republicans appear to have plenty of time to complete the job before the end of the current congressional term on 2 January 2021, which is 99 days away. Of the eight justices currently serving on the court, the average number of days from nomination to final Senate vote has been 72 days, according to the Congressional Research Service. |
| Here are the steps in the process: | Here are the steps in the process: |
| 1. Pre-hearing investigation | 1. Pre-hearing investigation |
| After the US president officially notifies the senate of his pick, the judiciary committee, led by close Trump ally senator Lindsey Graham of South Carolina, will conduct an investigation of the nominee that includes a background check and that would usually include a request for advice from the American Bar Association, the country’s largest consortium of lawyers. As part of the process, the nominee was expected to hold meetings with senators, although Covid-19 restrictions could limit in-person meetings. | After the US president officially notifies the senate of his pick, the judiciary committee, led by close Trump ally senator Lindsey Graham of South Carolina, will conduct an investigation of the nominee that includes a background check and that would usually include a request for advice from the American Bar Association, the country’s largest consortium of lawyers. As part of the process, the nominee was expected to hold meetings with senators, although Covid-19 restrictions could limit in-person meetings. |
| 2. Public confirmation hearings | 2. Public confirmation hearings |
| This is the part of the supreme court confirmation process that would be most familiar to most people. In televised hearings, the nominee answers questions from the senate judiciary committee. The committee may also call other witnesses to testify for or against the nominee. At times these hearings can be contentious, as two years ago when justice Brett Kavanaugh was confronted with sexual assault allegations by Dr Christine Blasey Ford. | This is the part of the supreme court confirmation process that would be most familiar to most people. In televised hearings, the nominee answers questions from the senate judiciary committee. The committee may also call other witnesses to testify for or against the nominee. At times these hearings can be contentious, as two years ago when justice Brett Kavanaugh was confronted with sexual assault allegations by Dr Christine Blasey Ford. |
| Democrats were expected to fiercely grill Trump’s latest nominee on her views on abortion, on the prospect of a contested election, and other issues such as healthcare. | Democrats were expected to fiercely grill Trump’s latest nominee on her views on abortion, on the prospect of a contested election, and other issues such as healthcare. |
| 3. Committee sends nomination to Senate floor | 3. Committee sends nomination to Senate floor |
| At the end of confirmation hearings, the judiciary committee votes on the nominee. A majority vote is required to recommend the nominee for a vote by the full Senate on the Senate floor. Because Republicans hold a majority in the senate, and a majority of the committee seats, the nominee is expected to win the committee’s recommendation. The committee then reports the vote out and a full Senate vote is scheduled. | At the end of confirmation hearings, the judiciary committee votes on the nominee. A majority vote is required to recommend the nominee for a vote by the full Senate on the Senate floor. Because Republicans hold a majority in the senate, and a majority of the committee seats, the nominee is expected to win the committee’s recommendation. The committee then reports the vote out and a full Senate vote is scheduled. |
| Graham said in an interview on Fox News earlier this month that he would try to arrange a floor vote before the 3 November election, although senate majority leader Mitch McConnell may wish to hold the vote after the election, because some vulnerable Republican senators up for re-election could be politically damaged by supporting a third Trump supreme court nominee. | Graham said in an interview on Fox News earlier this month that he would try to arrange a floor vote before the 3 November election, although senate majority leader Mitch McConnell may wish to hold the vote after the election, because some vulnerable Republican senators up for re-election could be politically damaged by supporting a third Trump supreme court nominee. |
| 4. Full senate vote | 4. Full senate vote |
| If the nominee can win a majority of votes in the Senate, she will replace Ginsburg on the court. While the length of the entire process would not be unusually short if such a vote were to be held late in the year, it would be highly unusual for a new supreme court justice to be installed so late in a presidential term. | If the nominee can win a majority of votes in the Senate, she will replace Ginsburg on the court. While the length of the entire process would not be unusually short if such a vote were to be held late in the year, it would be highly unusual for a new supreme court justice to be installed so late in a presidential term. |
| According to the National Constitution Center, “the most-recent justices confirmed by the Senate in a December Senate during a presidential election year were William Burnham Woods (in 1880), Ward Hunt (in 1872) and Salmon Chase (in 1864 as chief justice).” | According to the National Constitution Center, “the most-recent justices confirmed by the Senate in a December Senate during a presidential election year were William Burnham Woods (in 1880), Ward Hunt (in 1872) and Salmon Chase (in 1864 as chief justice).” |
| Trump has said he wants the new justice installed on the court in time to hear any case arising from a potential challenge to the 3 November presidential election result. Most analysts saw the prospect of a new Trump justice weighing in in his favor in an election case as a surefire disaster for the legitimacy of the court, which already has been eroded by the perception that Republicans stole a seat in 2016 by refusing for eight months to hold hearings on Barack Obama nominee Merrick Garland. | Trump has said he wants the new justice installed on the court in time to hear any case arising from a potential challenge to the 3 November presidential election result. Most analysts saw the prospect of a new Trump justice weighing in in his favor in an election case as a surefire disaster for the legitimacy of the court, which already has been eroded by the perception that Republicans stole a seat in 2016 by refusing for eight months to hold hearings on Barack Obama nominee Merrick Garland. |
| Ed Helmore has written a profile of Amy Coney Barrett for us, and looks at the role religion plays in her personal life and career: | Ed Helmore has written a profile of Amy Coney Barrett for us, and looks at the role religion plays in her personal life and career: |
| The mother of seven – who adopted two children from Haiti – said she admired justice Elena Kagan, an Obama-appointed abortion rights supporter, for bringing “the knowledge and skill she acquired as an academic to the practical resolution of disputes”. | The mother of seven – who adopted two children from Haiti – said she admired justice Elena Kagan, an Obama-appointed abortion rights supporter, for bringing “the knowledge and skill she acquired as an academic to the practical resolution of disputes”. |
| But during her confirmation hearing, Democratic senator Dianne Feinstein memorably said Barrett had “a long history of believing that your religious beliefs should prevail” and added: “The dogma lives loudly in you.” | But during her confirmation hearing, Democratic senator Dianne Feinstein memorably said Barrett had “a long history of believing that your religious beliefs should prevail” and added: “The dogma lives loudly in you.” |
| Barrett has said she is a “faithful Catholic” but her religious beliefs do not “bear in the discharge of my duties as a judge”. She has also said legal careers ought not to be seen as means of gaining satisfaction, prestige or money, but rather “as a means to the end of serving God”. | Barrett has said she is a “faithful Catholic” but her religious beliefs do not “bear in the discharge of my duties as a judge”. She has also said legal careers ought not to be seen as means of gaining satisfaction, prestige or money, but rather “as a means to the end of serving God”. |
| Read the full article below: | Read the full article below: |
| The Judicial Crisis Network, which focuses on helping confirm conservative judges, says it will spend at least $10m on advertising to support Amy Coney Barrett’s confirmation to the supreme court. | The Judicial Crisis Network, which focuses on helping confirm conservative judges, says it will spend at least $10m on advertising to support Amy Coney Barrett’s confirmation to the supreme court. |
| In a statement, the organization said any opposition to Barrett was down to “leftwing extremists”. | In a statement, the organization said any opposition to Barrett was down to “leftwing extremists”. |
| “Justice Ginsburg was confirmed in 42 days, Justice O’Connor in 33, and both confirmations were nearly unanimous,” Carrie Severino, president of Judicial Crisis Network, said in a statement. “But Democrats won’t be able to bring themselves to support Judge Barrett because they are beholden to leftwing extremists who want to pack the Supreme Court and defund the police while our cities burn.” | “Justice Ginsburg was confirmed in 42 days, Justice O’Connor in 33, and both confirmations were nearly unanimous,” Carrie Severino, president of Judicial Crisis Network, said in a statement. “But Democrats won’t be able to bring themselves to support Judge Barrett because they are beholden to leftwing extremists who want to pack the Supreme Court and defund the police while our cities burn.” |
| The difference between Barrett’s likely confirmation and those of Ginsburg and O’Connor is that the latter two were not appointed a matter of days before a presidential election. | The difference between Barrett’s likely confirmation and those of Ginsburg and O’Connor is that the latter two were not appointed a matter of days before a presidential election. |
| CNN legal analyst Jeffrey Toobin has noted the vast difference between Amy Coney Barrett and the woman she is likely to succeed on the supreme court, Ruth Bader Ginsburg. | CNN legal analyst Jeffrey Toobin has noted the vast difference between Amy Coney Barrett and the woman she is likely to succeed on the supreme court, Ruth Bader Ginsburg. |
| “The differences for reproductive freedom, for health care, for gun control – or the absence thereof – affirmative action, so many issues, her views are going to be diametrically opposed to Ruth Ginsburg’s,” he said on CNN. “And that’s what Donald Trump promised during the campaign. He is delivering on that promise, and we’re going to see in very short order whether the voters think that’s a good idea.” | “The differences for reproductive freedom, for health care, for gun control – or the absence thereof – affirmative action, so many issues, her views are going to be diametrically opposed to Ruth Ginsburg’s,” he said on CNN. “And that’s what Donald Trump promised during the campaign. He is delivering on that promise, and we’re going to see in very short order whether the voters think that’s a good idea.” |
| Amy Coney Barrett’s opposition to abortion and support for gun rights has been remarked upon. Less discussed is her view on climate change. Brett Hartl, government affairs director at the Center for Biological Diversity, sees Trump’s nominee as a threat to progress on fighting the climate crisis: | Amy Coney Barrett’s opposition to abortion and support for gun rights has been remarked upon. Less discussed is her view on climate change. Brett Hartl, government affairs director at the Center for Biological Diversity, sees Trump’s nominee as a threat to progress on fighting the climate crisis: |
| “Judge Barrett is an ideological fanatic who lacks the temperament to rule fairly in the interests of all Americans,” he said. | “Judge Barrett is an ideological fanatic who lacks the temperament to rule fairly in the interests of all Americans,” he said. |
| “Her slim judicial record shows that she’s hostile to the environment and will slam shut the courthouse doors to public interest advocates, to the delight of corporate polluters. Environmental justice, our climate and wildlife on the brink of extinction will all suffer if Barrett is confirmed.” | “Her slim judicial record shows that she’s hostile to the environment and will slam shut the courthouse doors to public interest advocates, to the delight of corporate polluters. Environmental justice, our climate and wildlife on the brink of extinction will all suffer if Barrett is confirmed.” |
| Going back to Barrett’s statements at her nomination announcement, she said she intended to follow the example of Antonin Scalia, the conservative supreme court justice who died in 2016 and for whom she worked as a law clerk. | Going back to Barrett’s statements at her nomination announcement, she said she intended to follow the example of Antonin Scalia, the conservative supreme court justice who died in 2016 and for whom she worked as a law clerk. |
| “His judicial philosophy is mine, too,” she said. “A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they may hold.” | “His judicial philosophy is mine, too,” she said. “A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they may hold.” |
| The Democrats appear to be attacking Barrett’s nomination as a threat to healthcare. Following Joe Biden’s earlier statement on Barrett and the Affordable Care Act, Senate Minority Leader Chuck Schumer has given his own views: | The Democrats appear to be attacking Barrett’s nomination as a threat to healthcare. Following Joe Biden’s earlier statement on Barrett and the Affordable Care Act, Senate Minority Leader Chuck Schumer has given his own views: |
| “The American people should make no mistake — a vote by any Senator for Judge Amy Coney Barrett is a vote to strike down the Affordable Care Act and eliminate protections for millions of Americans with pre-existing conditions,” Schumer wrote in a statement. | “The American people should make no mistake — a vote by any Senator for Judge Amy Coney Barrett is a vote to strike down the Affordable Care Act and eliminate protections for millions of Americans with pre-existing conditions,” Schumer wrote in a statement. |
| “As the Covid-19 pandemic continues to rage, unabated by this Administration, healthcare was already the number one issue on the ballot in November. President Trump has promised to nominate Supreme Court Justices who will “terminate” our health care law and decimate the health care system for American Indians and Alaska Natives. In Judge Barrett, President Trump has found the deciding vote.” | “As the Covid-19 pandemic continues to rage, unabated by this Administration, healthcare was already the number one issue on the ballot in November. President Trump has promised to nominate Supreme Court Justices who will “terminate” our health care law and decimate the health care system for American Indians and Alaska Natives. In Judge Barrett, President Trump has found the deciding vote.” |
| In a 2017 essay, Barrett wrote of her opposition to Chief Justice John Roberts’ actions when he saved the Affordable Care Act in 2012. | In a 2017 essay, Barrett wrote of her opposition to Chief Justice John Roberts’ actions when he saved the Affordable Care Act in 2012. |
| “Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute,” Barrett wrote. “He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power.” | “Chief Justice Roberts pushed the Affordable Care Act beyond its plausible meaning to save the statute,” Barrett wrote. “He construed the penalty imposed on those without health insurance as a tax, which permitted him to sustain the statute as a valid exercise of the taxing power.” |
| A quick glance at the guest list for Amy Comey Barrett’s nomination ceremony today makes troubling reading. Among the guests were representatives from Judicial Watch, which has described climate science as a “fraud”; the Heritage Foundation, which has also pushed back against climate science; and the Family Research Council, which has opposed abortion rights, divorce and LGBT rights. | A quick glance at the guest list for Amy Comey Barrett’s nomination ceremony today makes troubling reading. Among the guests were representatives from Judicial Watch, which has described climate science as a “fraud”; the Heritage Foundation, which has also pushed back against climate science; and the Family Research Council, which has opposed abortion rights, divorce and LGBT rights. |