Amy Coney Barrett, a long-term academic, appeals court judge and mother of seven was the hot favorite for the Supreme Court seat.
Donald Trump – who as sitting president gets to select nominees – reportedly once said he was “saving her” for this moment: when elderly Justice Ruth Bader Ginsburg died and a vacancy on the nine-member court arose.
It took President Trump just over a week to fast-track the 48-year-old conservative intellectual into the wings. This is his chance to tip the court make-up even further to the right ahead of the presidential election, when he could lose power.
Amy Coney Barrett’s record on gun rights and immigration cases imply she would be as reliable a vote on the right of the court, as the Notorious RBG was on the left, according to Jonathan Turley, a professor of law at George Washington University.
Judge Barrett’s vote, alongside a conservative majority, could make the difference for decades ahead, especially on divisive issues such as abortion rights and the Affordable Care Act (the Obama-era health insurance provider).
Her legal opinions and remarks on abortion and gay marriage have made her popular with the religious right, but earned vehement opposition from liberals.
However, as a devout Catholic, Amy Coney Barrett has repeatedly insisted her faith does not compromise her work.
Amy Coney Barrett lives in South Bend, Indiana, with her husband, Jesse, a former federal prosecutor who is now with a private firm. The couple have seven children, including two adopted from Haiti. She is the oldest of seven children herself.
Known for her sharp intellect, Amy Coney Barrett studied at the University of Notre Dame’s Law School, graduating first in her class, and was a clerk to Justice Antonin Scalia, who, in her words, was the “staunchest conservative” on the SCOTUS at the time.
Like her mentor Scalia, Amy Coney Barrett is an originalist, which is a belief that judges should attempt to interpret the words of the Constitution as the authors intended when they were written.
Many liberals oppose that strict approach, saying there must be scope for moving with the times.
Amy Coney Barrett has spent much of her career as a professor at her alma mater, Notre Dame, where she was voted professor of the year multiple times.
She was selected by President Trump to serve as a federal appeals court judge in 2017, sitting on the Seventh Circuit, based in Chicago. She regularly commutes to the court from her home – more than an hour and half away.
Amy Coney Barett’s confirmation hearing for the appeals court seat featured a now-infamous encounter with Senator Dianne Feinstein, who voiced concerns about how her faith could affect her thinking on the law. Defiant Catholics adopted the phrase as a tongue-in-cheek slogan on mugs.
Judge Barrett has defended herself on multiple occasions.
“I would stress that my personal church affiliation or my religious belief would not bear in the discharge of my duties as a judge,” she once said.
LGBTQ advocacy group Human Rights Campaign has voiced strong opposition to Barrett’s confirmation, declaring her ”an absolute threat to LGBTQ rights”.
The Guttmacher Institute, a pro-choice research organization, declined comment on Judge Barrett specifically, but said appointing any new conservative Supreme Court justice would “be devastating for sexual and reproductive health and rights”.
To secure the position on the Supreme Court – a lifelong job – Amy Coney Barrett will still have to pass a grueling confirmation hearing, where Democratic senators are likely to take a tough line, bringing up many of their voters’ concerns.
The Trump administration has asked the Supreme Court to invalidate Affordable Care Act, known as Obamacare, which has provided health insurance to millions of Americans.
According to government lawyers, Obamacare became invalid when the previous Republican-led Congress axed parts of it.
Democratic challenger Joe Biden attacked the move, saying President Donald Trump had put millions of lives at risk during the coronavirus pandemic.
Health care will be a key battleground in this year’s presidential election.
Some 20 million Americans could lose their health coverage if the court overturns the Affordable Care Act (ACA), which was introduced by President Barack Obama.
Obamacare’s popular provisions include banning insurers from denying coverage due to pre-existing conditions and allowing children to stay on their parents’ health plans until age 26. Millions of low-income Americans were able to obtain insurance due to the act.
President Trump says the scheme costs too much and has promised a different plan to replace it, preserving some popular elements of the existing law but covering fewer people.
Under Obamacare, millions of people in the US must purchase health insurance or face a tax penalty.
In 2017, Congress removed a key plank of the policy, eliminating the federal fine for those who did not sign up, known as the “individual mandate”.
In its filing to the Supreme Court on June 25, the justice department argued “the individual mandate is not severable from the rest of the act”.
As a result, it said: “The mandate is now unconstitutional as a result of Congress’s elimination… of the penalty for non-compliance.”
President Trump cannot rely on Congress to complete the dismantling of Obamacare because the Democrats took control of the lower house in 2019.
Joe Biden, who wants to rally the public behind an expanded Affordable Care Act, said some coronavirus survivors could lose their comprehensive healthcare coverage if the act was overturned.
He said: “They would live their lives caught in a vice between Donald Trump’s twin legacies: his failure to protect the American people from the coronavirus, and his heartless crusade to take healthcare protections away from American families.”
In a statement on June 26, White House spokesman Judd Deere said Obamacare was “an unlawful failure”.
The statement said: “It limits choice, forces Americans to purchase unaffordable plans, and restricts patients with high-risk preexisting conditions from accessing the doctors and hospitals they need.”
The US has been badly hit by the coronavirus pandemic, recording 2.4 million confirmed Covid-19 cases and 122,370 deaths – more than any other country.
However, the true number of infections is likely to be 10 times higher than the reported figure, according to the latest estimate by health officials.
The Supreme Court is unlikely to hear the case before voters go to the polls in November, media report.
A key portion of ObamaCare has been upheld by the US Supreme Court in a 6-3 decision.
The Supreme Court (SCOTUS) ruled President Barack Obama’s Affordable Care act as a whole made subsidies available for people in all 50 states, not just those who bought insurance through a state exchange.
The high court case was the second major challenge to the healthcare law since its passage.
The decision is major victory for the Obama administration.
“Congress passed the Affordable Care act to improve health insurance markets, not to destroy them,” Chief Justice John Roberts wrote in the opinion.
If the law was overturned, 6.4 million Americans would have been at risk of losing aid.
The 2010 ObamaCare set up a federally run insurance exchange where Americans who were not covered by employers or other governmental could buy health insurance.
Opponents argue that a phrase included in the law, “established by the state,” demonstrated that the healthcare subsidies should have only been available for people in states that set up exchanges.
However, most Americans receiving subsidies purchase healthcare through the federal exchange after many states decided not to set up their own marketplaces.
The Obama administration argued that was a too-narrow reading of the law, which spans near 1,000 pages, and the rest of the legislation makes clear subsidies are intended for those who meet income requirements, regardless of which exchange insurance was purchased from.
Justice John Roberts voted with liberal colleagues in support of the law. He was also the key vote to uphold it in a 2012 case. Justice Anthony Kennedy dissented in 2012, but sided with the majority on June 25.
Justice Anthony Scalia’s wrote in his dissent that the Supreme Court is setting a precedent of favoring some laws over others.
“We should start calling this law SCOTUScare” Justice Anthony Scalia’s wrote.
“Today’s interpretation is not merely unnatural; it is unheard of.”
The upholding of the Affordable Care Act cements President Barack Obama’s biggest legislative victory.
Outside the Supreme Court on June 25, people were celebratory and joyful, chanting “ACA is here to stay!” and “If you’re covered and you know it clap your hands.”
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