Amy Coney Barrett is now an Associate Justice of the United States Supreme Court. Almost.
There are two swearing-ins involved in the process. The first is known as the constitutional oath, and Clarence Thomas administered that to her last night after the confirmation vote. This morning she will take the judicial oath, which will be administered by Chief Justice John Roberts, and at that point she will be a full Associate Justice.
(Just to be clear if you’re not familiar with the terminology, there’s nothing second-rate implied by the term “associate.” All Justices are Associate Justices except for the Chief Justice.)
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I have heard that the least senior member of the Court has to get the others coffee during deliberations, so Justice Kavanaugh can now be done with that job.
If you’re wondering why it’s important for Barrett to be sworn in so quickly, consider that there are crucial election-related cases coming before the Court right now. Last week, in a 4-4 tie, the Court declined to stay an order by the Pennsylvania Supreme Court extending the deadline for counting absentee ballots. The Pennsylvania Republican Party has asked the Court to reconsider, with with Justice Barrett now on the Court, there will not be another 4-4 tie if that reconsideration happens.
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Meanwhile, Democrats are prepared to burn down the republic in a fit of rage over the perfectly normal constitutional process that produced Justice Barrett’s nomination and confirmation:
Republicans do this because they don’t believe Dems have the stones to play hardball like they do. And for a long time they’ve been correct. But do not let them bully the public into thinking their bulldozing is normal but a response isn’t. There is a legal process for expansion.
— Alexandria Ocasio-Cortez (@AOC) October 27, 2020
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Today Republicans denied the will of the American people by confirming a Supreme Court justice through an illegitimate process—all in their effort to gut the Affordable Care Act and strip health care from millions with pre-existing conditions.
We won’t forget this.
— Kamala Harris (@KamalaHarris) October 27, 2020
We are going to take back the White House & Senate next week with a resounding mandate from the people to fight back against Trump’s illegitimately stacked judiciary. We must expand the Court if we’re serious about the transformational change the people are crying out for.
— Rashida Tlaib (@RashidaTlaib) October 27, 2020
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Got that? Three Justices nominated by the duly elected president and confirmed by the duly elected Senate amount to an “illegitimately stacked” Court, and the only way to restore legitimacy is to pack the Court by expanding its size so Joe Biden can appoint a bunch of liberal Justices and produce and instant liberal majority.
Every time I have a dumb thought I suspect it’s because I live in the same state as Rashida Tlaib.
At any rate, Democrats can only attempt this if they pick up enough Senate seats to get rid of the legislative filibuster, and then if enough of them are really willing to pack the Court. There’s no doubt in my mind Joe Biden would do as he’s told.
Then again, Joe Biden hasn’t been elected president yet. That is a very bad idea we still have time to turn back. And we’d be wise to do so, as we already see what Democrats will do with the power they’re asking us to give to them.