Amy Coney Barrett on Sept. 26, 2020 (C-SPAN video screenshot)
When the late Ruth Bader Ginsburg heard arguments in the landmark 2015 same-sex marriage case, the Supreme Court justice signaled her intent to legally redefine the institution.
"Marriage today is not what it was under the common law tradition, under the civil law tradition," she proclaimed.
After millennia of recognizing marriage as the union of one man and one woman, her vote was one of five that established a "right" to same-sex marriage that Chief Justice John Roberts opined was unconnected to the Constitution.
As an orthodox Catholic, the judge who is filling her seat, Judge Amy Coney Barrett, is a strong defender of traditional marriage. But the majority Republican senators who confirmed her by a vote of 52 to 48 as Ginsburg's successor Monday night say their support rests on her philosphy of interpreting the Constution as written, according to its original intent, not her personal beliefs.
That's clearly of concern to Senate Democrats, who will vote unanimously against her, complaining she will rule against their political stances issues such as abortion and health care.
With Roberts siding with the court's left in some major cases, such as the Obamacare mandate, Barrett's confirmation secures a majority of justices who reliably rule as originalists.
Justice Clarence Thomas is administering the oath to Barrett, meaning she could begin serving on the high court this week.
Vice President Mike Pence held a campaign event in Hibbing, Minnesota, early Monday, then returned to Washington in case the Senate needed his vote to break a tie on Barrett. The tie never happened.
Barrett's confirmation marks the third appointment to the high court by President Trump after Neil Gorsuch and Brett Kavanaugh.
"This is something to be really proud of and feel good about," Senate Majority Leader Mitch McConnell, R-Ky., said Sunday.
He ridiculed "apocalyptic" claims that the judiciary was being caught up in politics.
The Senate voted 51-48 on Sunday to move the nomination to a final vote, one of the last hurdles for the 48-year-old 7th U.S. Circuit Court of Appeals judge.
Norm Coleman, who represented Minnesota in the U.S. Senate, wrote a commentary condemning the "cudgel of religious bigotry" against Barrett.
"An accomplished woman whose judicial credentials are beyond reproach is not being challenged by Democrats because of her temperament, her intellect or her character – but because of her religious beliefs and how she chooses to practice them in her life," the former Republican lawmaker wrote.
He said opposition to Barrett's confirmation has "rapidly devolved into an exercise in defamation."
Coleman pointed out that during Barrett's confirmation for the 7th Circuit seat, Sen. Dianne Feinstein, D-Calif., claimed the judge's faith was a "dogma" that "lives loudly within you, and that’s of concern."
Further, Sen. Dick Durbin "doubled down with his outrageous willingness to extend Feinstein’s bigotry by asking, 'Do you consider yourself an orthodox Catholic?'" Coleman said.
The Senate Judiciary Committee recommended her confirmation on a unanimous vote after Democrats refused to attend the meeting.
Senate Minority Leader Chuck Schumer complained that the nomination was a "sham" because the GOP-majority Senate in 2016 did not confirm Barack Obama's last nominee. But Republicans have argued the president is elected for four years and has a duty until he leaves office to send a nomination to the Senate when a Supreme Court vacancy arises.
Feinstein was criticized for imposing an unconstitutional religious test on Barrett when she was nominated for the 7th Circuit, but she did it again during the hearings for the Supreme Court.
The Democrat was caught on an open mic discussing the fact that the judge's opposition to abortion is based on her Roman Catholic faith.
Sen. Feinstein hot mic talking about Judge Amy Coney Barrett: “She’s been pro-life for a long time. So I suspect with her, it is deeply personal and comes with her religion.” pic.twitter.com/5dUBhHLQsn
— Tré Goins-Phillips (@tregp) October 15, 2020
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