In retrospect, Justice Amy Coney Barrett’s appointment to the Supreme Court is an incredibly smart political move.
Don’t get it twisted, it’s absolutely wrong and hypocritical of the Republican party to rush her appointment — as previously discussed in my opinion piece titled “Partisanship in The Supreme Court: McConnell’s Hypocrisy.”
However, the more I think about it, the more I understand why it’s so dangerously effective.
Based on the upcoming election in T-minus five days, I think the real reason Republicans were so eager to rush her nomination was to ensure that, should another Bush v. Gore (2000) scenario occur, the court would rule in favor of President Donald Trump, ensuring his victory in the 2020 Election.
But there's more to it. Justice Barrett is a pawn in the Republican party’s long-term game.
The polls aren’t always accurate, but this election *knock on wood* is likely going to turn in favor of Joe Biden.
If he does win, well, Democrats can reclaim the presidency, the House and the Senate, but unless they pack the court — which wouldn’t bode well for them publicly — the Judicial branch will remain in possession of the right for many years to come.
Justices on the court serve life tenures — only leaving the bench upon retirement, death or impeachment. Barrett, being the youngest person to ever join the court, will likely serve for well over 30 years.
It gets worse because the next person to likely leave the court is Associate Justice Stephen Breyer of age 82. Meaning that, unless Trump doesn’t get re-elected, we’re likely going to see a highly unbalanced court, 7-2, in the next four years.
Should that be the case, it will take many, many years to bring the highest court in the land back into balance.
As much as I condemn them for it, I have to applaud the Republican Party for their cunning action.
We were fooled into thinking this was a desperate attempt to preserve Trump’s presidency. In reality, Barrett’s nomination engraves the right-wing agenda deep into the Supreme Court.
Mark my words: Donald Trump will live on in Amy Coney Barrett.
Should Joe Biden, or any future Democrats take office, the conservative bloc in the court will make it very difficult for their remedies and solutions to pass. If our Congress attempts to take action on healthcare, reproductive rights or more, our new, partisan court will stop progress should these policies come to their bench. Because their rulings are grounded in the Constitution, nothing but the court itself could fix that.
Though the court cannot actively seek to make change, right-wing pundits will urge lawsuits and legal contestation to bring key progressive issues to them and utilize the sheer size of the Supreme Court’s conservative bloc to stop change — meaningful change.
They don’t have to keep the presidency.
They don’t have to keep Congress.
Their agenda will live on in the court until they reclaim the other branches once again.
And if Roe v. Wade (1973) or Obergefell v. Hodges (2015) come to the bench? It’s lights out for women and the LGBTQ community.