Fellow Illinoisan,

President Trump and Republicans are cutting every corner and violating Senate rules and traditions in their rush to confirm Judge Amy Coney Barrett to the Supreme Court before two dates: Election Day, which is just 11 days away, and November 10, the day the Supreme Court will hear oral arguments in the case seeking to strike down the Affordable Care Act.

Nothing that occurred during Judge Barrett’s confirmation hearings allayed my concerns about the unprecedented nature of this nomination and process.  Judge Barrett refused to comment even on basic principles such as whether the President can unilaterally delay an election, whether there must be a peaceful transfer of power, and whether voter intimidation is unlawful.  Her repeated evasions leave a cloud hanging over her nomination.  So we have to turn to what President Trump has said and tweeted—he has made it clear that he wants his nominee to end the ACA, overturn Roe v. Wade, and resolve any election challenges in his favor.

And despite protests from Republicans, there is no precedent – none – for confirming a Supreme Court justice this late in a presidential election year, with more than 40 million ballots already cast.

The future of the Affordable Care Act, the right to privacy and choice, the outcome of the election, and so many other important issues hang in the balance of this flawed process—voting rights, civil rights, environmental protections, gun safety laws, marriage equality, Dreamers, and worker protections.  These are the stakes.  They simply couldn’t be higher.

That is why I will be voting against Judge Amy Coney Barrett’s nomination to the Supreme Court on the Senate floor.

Sincerely,

U.S. Senator Dick Durbin (D-IL)