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Respectfully, we dissent.
Indivisibles,
Let’s talk about Amy Coney Barrett, the judge Trump just nominated to fill the late Justice Ginsburg’s seat on the Supreme Court.
Judge Barrett is a conservative’s dream to fill RBG’s seat. Conservatives no longer want to risk having a justice who might lean moderate (or even occasionally side with liberals), they need someone with judicial experience that signals they are reliably conservative. Supreme Court justices serve for life; if confirmed, Barrett would be the youngest justice on the court at 48 -- meaning she would have a long career and a broad impact. Here’s what’s at stake if she gets on the bench:
- She would tip the Court in Trump’s favor to gut the Affordable Care Act (ACA). Barrett has openly opposed the Affordable Care Act, critiquing the Supreme Court's previous decision to uphold the individual mandate. If the ACA is overturned, millions of Americans will be left without health care at a moment when we are breaking records for COVID-19 cases and deaths. Trump’s GOP enablers in the Senate haven’t passed COVID-19 relief, but they seem to have plenty of motivation to confirm a Supreme Court nominee. And with another ACA case scheduled for the week after the election, that’s not a risk we’re willing to take.
- Her appointment puts Roe v. Wade in jeopardy. Overturning Roe has been a long-term goal for Trump. Barrett has heavily criticized Roe in her legal writing and has spoken openly about her conviction that life begins at conception. Along with current Justices Kavanaugh, Gorsuch, Thomas, Roberts, and Alito, Barrett is a proud member of the Federalist Society, a hard-right conservative group that has advocated for overturning Roe since its founding. If you’re counting Barrett, the Court would be stacked with members of a group who want to end legal abortions in this country. This decision would negatively impact the ability of millions of people to access safe abortions and other reproductive care while disproportionately hurting lower-income women, women of color, and members of the LGBTQ community.
- She is a threat to the advancements we’ve made for LGBTQ equality. Back in 2017, a collection of 27 LGBTQ organizations wrote a letter opposing Barrett’s nomination to the 7th U.S. Circuit Court of Appeals, citing concerns about the role of her faith in her decision-making. Another letter of opposition raised similar concerns, this time about Barrett’s participation in a lecture paid for by Alliance Defending Freedom, an anti-LGBTQ hate group. Remember, it was only a few months ago that we secured a victory banning workplace discrimination against LGBTQ folks. With Barrett on the Court, we could easily back-track.
- Her nomination is the latest development in Trump’s attempts to steal the election. If we end up in a Protect the Results scenario, he wants the Supreme Court on his side. A split Court threatens his hold on power and all the work he’s done to delegitimize the election over the last few months. With a newly appointed Trump-pick deciding his fate, he can almost guarantee this constitutional crisis will resolve in his favor while he hides behind their decision.
Now that we know exactly what we’re up against, it’s time to take action.
We know -- this looks like a lot to do. But we have to pull out all the stops to ensure that we protect the ACA, Roe v. Wade, our democracy, and so much more.
Amy Coney Barrett is Trump’s latest attempt to override the will of the people and preserve his political legacy. We need to act fast to ensure no new justice is confirmed until the new president is inaugurated.
In solidarity,
Indivisible Team
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