Democrats knew that they would have trouble slow-walking the nomination of Judge Amy Coney Barrett, but after Tuesday’s hearings, they finally understand just how unqualified they are to impede her ascension to SCOTUS. Her superior intellect, combined with dignity and likable character, stymie all of their efforts at stopping this nomination.
When Senator Lindsey Graham questioned Judge Amy Coney Barrett (ACB) about whether she would recuse herself on issues arising from the Affordable Care Act (Obamacare) her response was,
“Well, senator, recusal itself is a legal issue. You know there’s a statute, 28 U.S.C. § 455, that governs when judges and justices have to recuse; there’s precedent under that rule. Justice Ginsburg, in explaining the way recusal works, said that it’s always up to the individual justice, but it always involves consultation with colleagues; with the other eight justices. So that’s not a question that I could answer in the abstract.”
Barrett elaborated, advising that she would follow the same procedure as every other Supreme Court Justice. Noting that it is against precedent to decide whether she would recuse herself without a discussion with her colleagues on the bench.
Undeterred by logic, reason, or the fact that the question had already been asked and answered, Senator Christopher Coons, Democrat, Delaware, forged ahead asking ACB if she would recuse herself if a case were to arise involving the November election.
Instead of the curt response, Barrett answered with grace and calm in the face of a really stupid question. She stated, in no uncertain terms, that no, she would not. But she said it in a way that was not offensive, argumentative, nor confrontational.
This scholar proved to be Democrats’ worst nightmare.
Early on Senator Diane Feinstein, Democrat, California, who has a history of opposing this nominee during her hearing for the Federal District Court, ran into the same problem as Coons, trying to impede ACBs elevation to SCOTUS. Feinstein just isn’t smart enough to compete with Barrett. Yet the ranking member of the Senate Judiciary Committee keeps trying to outsmart ACB and fails each time.
During this meeting, Feinstein first asked if President Trump unilaterally delayed the general election under any circumstances, if ACB would rule with him. Coney Barrett declined to give a direct answer, saying she would need to hear arguments from litigants and read briefs before reaching a conclusion.
Then she twisted a knife in Feinstein’s ribs saying; “If I give off-the-cuff answers, I would be basically a legal pundit-and I don’t think we want judges to be legal pundits.”
Whether Feinstein knew how outclassed she was, or not, she further inserted her foot further asking Coney Barrett about the most hot-button issue — abortion.
To this ACB showed her superior intellect and legal knowledge once again.
Feinstein queried, “Do you agree with Justice Scalia’s view that Roe can and should be overturned by the Supreme Court,” the 87-year-old former San Francisco mayor asked Barrett, referring to the late conservative Justice Antonin Scalia and Roe v. Wade, the landmark case that said a woman has the right to an abortion.
ACB responded with,
“It’s a contentious issue, which is I know one reason why it would be comforting to you to have an answer, but I can’t express views on cases or pre-commit to approaching a case any particular way without reading arguments from litigants and briefs before reaching a conclusion.”
Democrats knew they would have trouble slowing down the confirmation hearing of President Trump’s Supreme Court nominee, but Tuesday’s exchange between Judge Amy Coney Barrett and Feinstein presented a strong indication of the intellectual imbalance playing out on Capitol Hill.
The unflappable Judge Amy Coney Barrett
During Monday’s hearings ACB reacted in the exact relaxed, calm, knowledgeable way to every question and accusation thrown at her.
For two days in a row, Democrats could not shake ACB or make her stumble in any way. It proved Democrats are in trouble. By now they know that they will not strike any mortal blows to this highly qualified candidate to the Supreme Court.
This phase of the hearings is reminiscent of both of President Trump’s other appointments; Justices Neil Gorsuch and Brett Kavanaugh. In both cases, they showed total class and legal acumen. Yet that didn’t stop Democrats from outright lying to try to stop the appointment of Justice Kavanaugh.
And therein lies the conundrum that Democrats are in
Democrats are trying to hinder the swearing-in of Judge Amy Coney Barrett as an associate Justice of the Supreme Court. As these words are being written, Democrats are clustered in rooms all across Washington trying to create some type of scandal to slow this nomination. If ACB becomes Justice Barrett, Democrats are afraid Obamacare will be turned over, but more importantly, they will have a full court to decide the winner of the 2020 election – if it comes to that.
The only bars to where they will go to hinder the process is election night. Democrats realize just how much support they lost with the falsehoods against Kavanaugh. Enough so that if they were somehow able to replicate it with ACB, it might cost them millions of independent and uncommitted voters.
So as they plot to undermine this highly qualified and likable woman, they struggle with just how low to go. Simply by continuing to act as the classy lady that she is, Judge Barrett will stymie Democrats’ attempts to slander her, and impede her timely nomination to the Supreme Court.
So, allow me to be the first to welcome Amy Coney Barrett as Associate Justice to the Supreme Court. Her legal knowledge will stabilize the court now and long into the future.
To ensure that the court remains a fair arbiter of American justice, make sure to vote on November 3, to reelect President Trump, and to hold the majority in the Senate.
About the author:
Joseph Ragonese is a veteran of the United States Air Force, a retired police officer, has a degree in Criminal Justice, a businessman, journalist, editor, publisher, and fiction author.
His last book, “The Sword of Mohammad,” can be purchased at Amazon.com in paperback or kindle edition.