Is it right to call Monday of the darkest days in Senate history? In the USA, the appointment of a right-wing Supreme Court judge days before a presidential election has sparked rage.
The judge who could change the face of the US
Is it right to call Monday of the darkest days in Senate history? In the USA, the appointment of a right-wing Supreme Court judge days before a presidential election has sparked rage.
Chuck Schumer, the Democratic leader in the Senate, was incandescent. "I want to be very clear with my Republican colleagues," he said. "You may win this vote... but you will never, never get your credibility back." He added, "My deepest and greatest sadness is for the American people. It will go down as one of the darkest days in the 231-year history of the United States Senate."
Schumer was referring to the Senate's confirmation of Amy Coney Barrett as a Supreme Court judge. Her appointment on Monday was a vital one, since it ensured a 6-3 majority of right-wing justices in the nine-person court. And because Supreme Court judges remain in office for life, that majority could be in place for years.
President Trump nominated Barrett because he believed she would help make key changes to the law - from banning abortion and same-sex marriage to restricting health care and immigration - while confirming gun rights and then death penaltyAlthough Barrett has said that, as a Christian, she would not order the death penalty, she has not actually opposed it.. But it was not simply her views that Democrats objected to - it was the way her appointment had been pushed through at high speed just before an election. It was approved by 52 votes to 48, with only one Republican voting against it.
There was a similar situation when a Supreme Court judge died before the end of Barack Obama's presidency. On that occasion, Republicans argued that it would be wrong for the outgoing president to choose a replacement. It would be more democratic, they said, to leave the decision to his successor. And that is what happened.
Schumer saw their refusal to apply the same principle this time round as breath-taking hypocrisy. His Republican opposite number, Mitch McConnell, replied that they were acting "entirely within the rules of the Senate and the Constitution of the United States".
Schumer warned that the manoeuvreA way, often deceptive, of carrying something out. It is also a military term for battle practice. had caused huge damage to the parties' relationship. And as compromises between the two are often needed to get legislation through, this could hamper the Senate's proceedings for years to come.
But Barrett's appointment may also have some very immediate consequences - above all, on the result of the election, since the Supreme Court rules on controversies arising from it.
Some states, for example, want all postal votes which are sent in before election day to be counted, even if they arrive after it. Trump opposes this, since he believes that Joe Biden's supporters are more likely to vote by post than his own are.
Then, a week after the election, the Supreme Court will debate the Affordable Care Act. Introduced by President Obama, it has made healthcare available to millions of Americans who could not previously afford it. But Trump has vowed to repeal it - and in the middle of a pandemic, the repercussions could be enormous.
More controversially still, the court might overturn the Roe v WadeA ruling of the Supreme Court in 1973 that determined that the right to have an abortion up to the third trimester was constitutionally protected and so could not be limited by any state. ruling which has made abortion available to many American women.
Is it right to call Monday "one of the darkest days in Senate history"?
Some say, yes. An unassailably right-wing Supreme Court could change the whole face of America over the next few years, from a liberal democracy to a profoundly conservative one. Barrett's appointment also emphasises how deeply polarised American politics have become: she is the first Supreme Court judge in generations to be appointed without the support of senators from more than one party.
Others argue that the court will not necessarily make changes for the worse. In any case, it is wrong to assume that Barrett will vote in a particular way. She has said that "A judge declares independence not only from Congress and the president, but also from the private beliefs that might otherwise move her". And if Biden wins, he could increase the number of judges in the court to rebalance it.
Keywords
Death penalty - Although Barrett has said that, as a Christian, she would not order the death penalty, she has not actually opposed it.
Manoeuvre - A way, often deceptive, of carrying something out. It is also a military term for battle practice.
Roe v Wade - A ruling of the Supreme Court in 1973 that determined that the right to have an abortion up to the third trimester was constitutionally protected and so could not be limited by any state.
The judge who could change the face of the US
Glossary
Death penalty - Although Barrett has said that, as a Christian, she would not order the death penalty, she has not actually opposed it.
Manoeuvre - A way, often deceptive, of carrying something out. It is also a military term for battle practice.
Roe v Wade - A ruling of the Supreme Court in 1973 that determined that the right to have an abortion up to the third trimester was constitutionally protected and so could not be limited by any state.