For only the second time since our founding, the Center for
Reproductive Rights is opposing the confirmation of a U.S. Supreme
Court nominee.
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Center for Reproductive Rights - ReproductiveRights.org
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Dear team,
I wanted you to see my statement opposing the confirmation of Judge
Amy Coney Barrett to the U.S. Supreme Court.
- Nancy
Statement from Nancy Northup, President and CEO of the Center for
Reproductive Rights
For only the second time since our founding in 1992, the Center for
Reproductive Rights is opposing the confirmation of a U.S. Supreme
Court nominee. Less than three weeks ago, the American people lost a
champion for gender equality and reproductive rights with the passing
of Justice Ruth Bader Ginsburg. On September 26, President Donald
Trump nominated Judge Amy Coney Barrett to replace her.
The Senate majority is rushing a truncated confirmation hearing
process to begin on October 12, barely two weeks after Judge Barrett's
nomination. While this is inadequate time for the Senators and public
to fully appraise this nominee, her record in opposition to
reproductive rights is clear and alarming. Based on the record of her
judicial opinions, academic articles, speeches, and public statements,
the Center for Reproductive Rights strongly opposes the confirmation
of Judge Amy Coney Barrett to serve as an Associate Justice to the
U.S. Supreme Court.
President Trump has made reversing Roe v. Wade a litmus test for his
Supreme Court nominees. Judge Barrett's record supports that test.
From 2010-2016, she was a member in the Notre Dame Chapter of
University Faculty for Life. In 2006, she was a signatory on a
newspaper advertisement sponsored by St. Joseph County Right to Life.
The ad called for an end to Roe v. Wade and Barrett specifically
signed onto a statement that she opposes "abortion on demand" and
defends "the right to life from fertilization," an extreme legal
position that has implications for contraception, abortion care and
fertility treatments. In 2012 she signed onto an advocacy letter that
called contraception and sterilization "gravely immoral and unjust"
and wrongly characterized emergency contraception as "an
abortion-inducing" drug. She subscribes to the judicial philosophy of
originalism that rejects constitutional protections for abortion
rights. Her writings are clear that she does not view Roe as a "super
precedent" and the principle of stare decisis would not be a restraint
to overturning Roe. In the two abortion rights cases that have come
before her as a federal appellate judge, Judge Barrett joined opinions
that suggest upending Supreme Court law on both the substantive right
to abortion and the procedural safeguards that allow the right to be
vindicated in court.
In sum, Judge Barrett's approach to constitutional interpretation,
opinions as a federal appellate judge, and vitriolic public advocacy
disparaging contraception, opposing abortion, and defending "the right
to life from fertilization" lay bare a deep disagreement with the
established constitutional protections for reproductive rights.
Indeed, Judge Barrett has the most extreme record in opposition to
reproductive rights as any Supreme Court nominee since the rejected
nomination of Judge Robert Bork over 30 years ago.
Moreover, Judge Barrett has criticized the Supreme Court's decisions
upholding key provisions of the Affordable Care Act (ACA), which has
expanded reproductive health insurance coverage to millions, including
affordable contraceptive and maternity care. This is especially
troubling, as the Supreme Court will be hearing the next challenge to
the ACA on November 10.
We do not make our decision to oppose Judge Barrett lightly. We win
cases before a wide range of federal judges, who have been appointed
by both Republican and Democratic presidents. As an organization that
litigates cases in federal courts, including in the Supreme Court, we
are rigorous about factual accuracy and careful legal analysis. We are
a nonpartisan, nonprofit organization that does not support or oppose
political parties or candidates.
The stakes of this nomination could not be higher. Since the election
of President Trump, states have accelerated their decades-long
campaign to end abortion services and there are dozens of cases
heading toward the Supreme Court. Some are test cases to overturn Roe
v. Wade or to render it meaningless by upholding laws that make
abortion impossible to access. The Supreme Court's vital role?in
protecting and upholding?civil rights and liberties -
including reproductive rights?- cannot be compromised by a
nominee fundamentally hostile to our constitutional rights.?
Read the Center for Reproductive Rights' full report of Judge Amy
Coney Barrett's record on reproductive rights?here.
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The Center for Reproductive Rights uses the power of law to advance reproductive rights as fundamental human rights around the world.
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Center for Reproductive Rights
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New York, NY 10038
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