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VIDEO: Trump nominates conservative Amy Coney Barrett for Supreme Court

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Video courtesy C-SPAN
President Trump announces his pick to fill a vacancy on the Supreme Court following the death of Justice Ruth Bader Ginsburg.
ASSOCIATED PRESS Judge Amy Coney Barrett applauds as President Donald Trump announces Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.
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ASSOCIATED PRESS

Judge Amy Coney Barrett applauds as President Donald Trump announces Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.

ASSOCIATED PRESS
                                President Donald Trump walks along the Colonnade with Judge Amy Coney Barrett to a news conference to announce Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.
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ASSOCIATED PRESS

President Donald Trump walks along the Colonnade with Judge Amy Coney Barrett to a news conference to announce Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.

ROBERT FRANKLIN/SOUTH BEND TRIBUNE VIA AP / 2018
                                Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit judge, speaks during the University of Notre Dame’s Law School commencement ceremony at the university, in South Bend, Ind. Barrett, a front-runner to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, has established herself as a reliable conservative on hot-button legal issues from abortion to gun control.
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ROBERT FRANKLIN/SOUTH BEND TRIBUNE VIA AP / 2018

Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit judge, speaks during the University of Notre Dame’s Law School commencement ceremony at the university, in South Bend, Ind. Barrett, a front-runner to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, has established herself as a reliable conservative on hot-button legal issues from abortion to gun control.

ASSOCIATED PRESS Judge Amy Coney Barrett applauds as President Donald Trump announces Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.
ASSOCIATED PRESS
                                President Donald Trump walks along the Colonnade with Judge Amy Coney Barrett to a news conference to announce Barrett as his nominee to the Supreme Court, in the Rose Garden at the White House today in Washington.
ROBERT FRANKLIN/SOUTH BEND TRIBUNE VIA AP / 2018
                                Amy Coney Barrett, United States Court of Appeals for the Seventh Circuit judge, speaks during the University of Notre Dame’s Law School commencement ceremony at the university, in South Bend, Ind. Barrett, a front-runner to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, has established herself as a reliable conservative on hot-button legal issues from abortion to gun control.

WASHINGTON >>President Donald Trump nominated Judge Amy Coney Barrett to the Supreme Court on Saturday, capping a dramatic reshaping of the federal judiciary that will resonate for a generation and that he hopes will provide a needed boost to his reelection effort.

Barrett, a former clerk to the late Justice Antonin Scalia, said she was “truly humbled” by the nomination and quickly aligned herself with Scalia’s conservative approach to the law, saying his “judicial philosophy is mine, too.”

Barrett, 48, was joined in the Rose Garden by her husband and seven children. If confirmed by the Senate, she would fill the seat vacated by liberal icon Ruth Bader Ginsburg. It would be the sharpest ideological swing since Clarence Thomas replaced Justice Thurgood Marshall nearly three decades ago.

>> PHOTOS: Trump announces Amy Coney Barrett as his Supreme Court pick

She would be the sixth justice on the nine-member court to be appointed by a Republican president, and the third of Trump’s first term in office.

Trump hailed Barrett as “a woman of remarkable intellect and character,” saying he had studied her record closely before making the pick.

Republican senators are lining up for a swift confirmation of Barrett ahead of the Nov. 3 election, as they aim to lock in conservative gains in the federal judiciary before a potential transition of power. Trump, meanwhile, is hoping the nomination will galvanize his supporters as he looks to fend off Democrat Joe Biden.

For Trump, whose 2016 victory hinged in large part on reluctant support from white evangelicals on the promise of filling Scalia’s seat with a conservative, the latest nomination in some ways brings his first term full circle. Even before Ginsburg’s death, Trump was running on having confirmed in excess of 200 federal judges, fulfilling a generational aim of conservative legal activists.

Trump joked that the confirmation process ahead “should be easy” and “extremely noncontroversial,” though it is likely to be anything but. No court nominee has been considered so close to a presidential election before, with early voting already underway. He encouraged legislators to take up her nomination swiftly and asked Democrats to “refrain from personal and partisan attacks.”

In 2016, Republicans blocked Obama’s nomination of Merrick Garland to the Supreme Court to fill the election-year vacancy, saying voters should have a say in the lifetime appointment. Senate Republicans say they will move ahead this time, arguing the circumstances are different now that the White House and Senate are controlled by the same party.

Senate Majority Leader Mitch McConnell said the Senate will vote “in the weeks ahead” on Barrett’s confirmation. Barrett is expected to make her first appearance Tuesday on Capitol Hill, where she will meet with McConnell; Republican Sen. Lindsey Graham, the chair of the Judiciary Committee; and others. Hearings are set to begin Oct. 12, and Graham said he hoped to have Barrett’s nomination out of the committee by Oct. 26.

Senate Democratic leader Chuck Schumer and House Speaker Nancy Pelosi warned that a vote to confirm Barrett to the high court would be a vote to strike down the Affordable Care Act. Schumer added that the president was once again putting “Americans’ healthcare in the crosshairs” even while the coronavirus pandemic rages.

Biden took that route of criticism, as well, framing Trump’s choice as another move in Republicans’ effort to scrap the 2010 health care law passed by his former boss, President Barack Obama. The court is expected to take up a case against it this fall.

The set design at the Rose Garden, with large American flags hung between the colonnades, appeared to be modeled on the way the White House was decorated when President Bill Clinton nominated Ginsburg in 1993.

Barrett, recognizing that flags were still lowered in recognition of Ginsburg’s death, said she would be “mindful of who came before me.” Although they have different judicial philosophies, Barrett praised Ginsburg as a trailblazer for women and for her friendship with Scalia, saying, “She has won the admiration of women across the country and indeed all across the world.”

Within hours of Ginsburg’s death, Trump made clear he would nominate a woman for the seat. Barrett was the early favorite and the only one to meet with Trump.

Barrett has been a judge since 2017, when Trump nominated her to the Chicago-based 7th U.S. Circuit Court of Appeals. But as a longtime University of Notre Dame law professor, she had already established herself as a reliable conservative in the mold of Scalia, for whom she clerked in the late 1990s.

She would be the only justice on the current court not to have received her law degree from an Ivy League school. The eight current justices all attended either Harvard or Yale.

The staunch conservative had become known to Trump in large part after her bitter 2017 appeals court confirmation included allegations that Democrats were attacking her Catholic faith. The president also interviewed her in 2018 for the vacancy created by the retirement of Justice Anthony Kennedy, but Trump ultimately chose Brett Kavanaugh.

Trump and his political allies are itching for another fight over Barrett’s faith, seeing it as a political windfall that would backfire on Democrats. Catholic voters in Pennsylvania, in particular, are viewed as a pivotal demographic in the swing state that Biden, also Catholic, is trying to recapture.

While Democrats appear powerless to stop Barrett’s confirmation in the GOP-controlled Senate, they are seeking to use the process to weaken Trump’s reelection chances.

Barrett’s nomination could become a reckoning over abortion, an issue that has divided many Americans so bitterly for almost half a century. The idea of overturning or gutting Roe v. Wade, the landmark 1973 decision that legalized abortion, has animated activists in both parties for decades. Now, with the seemingly decisive shift in the court’s ideological makeup, Democrats hope their voters will turn out in droves because of their frustration with the Barrett pick.

“Justice Ginsburg must be turning over in her grave up in heaven, to see that the person they chose seems to be intent on undoing all the things that Ginsburg did,” Schumer said.

Trump has also increasingly embraced the high court — on which he will have had an outsize hand in reshaping -– as an insurance policy in a close election.

“We don’t have to do it before, but I think this will be done before the election,” Trump told reporters Saturday. “I think it’ll send a great signal to a lot of people.”

Increases in mail, absentee and early voting brought about by the coronavirus pandemic have already led to a flurry of election litigation, and both Trump and Biden have assembled armies of lawyers to continue the fight once vote-counting begins. Trump has been open about tying his push to name a third justice to the court to a potentially drawn-out court fight to determine who will be sworn in on Jan. 20, 2021.

“I think this will end up in the Supreme Court,” Trump said Wednesday of the election. “And I think it’s very important that we have nine justices.”

No Democratic senators are expected to vote to confirm Barrett before the election, even though some did support her in 2017.

Two Democrats still serving in the Senate who voted to confirm Barrett in 2017, Sen. Tim Kaine of Virginia and Sen. Joe Manchin of West Virginia, now say it’s too close to the election to consider her nomination.

Meanwhile, outside conservative groups are planning to spend more than $25 million to support Trump and his nominee. The Judicial Crisis Network has organized a coalition that includes American First Policies, the Susan B. Anthony List, the Club for Growth and the group Catholic Vote to help confirm Barrett. The Republican National Committee has launched a $10 million digital campaign of its own, in conjunction with Trump’s reelection campaign.

PREVIOUS COVERAGE

CHICAGO >> Though Amy Coney Barrett is the expected replacement for Justice Ruth Bader Ginsburg, she is more aptly described as heir to another departed Supreme Court justice: conservative hero Antonin Scalia.

Like Scalia, for whom she once clerked, she is a committed Catholic as well as a firm devotee of his favored interpretation of the Constitution known as originalism. Those qualifications delight many on the right but dismay liberals and others who fear her votes could result in chipping away of some laws, especially the Roe v. Wade decision legalizing abortion.

President Donald Trump is planning to announce his choice of the 48-year-old Indiana judge at a Saturday afternoon press conference, setting Barrett on the path to help conservatives hold sway over the court for decades to come.

Her selection is as sure to energize the president’s political base as to galvanize his foes with only weeks left to Election Day. Republican leaders in the Senate have already said they have the votes to confirm her nomination this year, likely before the election.

But beyond the 2020 election, the Barrett elevation could bring a national reckoning over abortion, an issue that has divided many Americans bitterly for almost half a century. The idea of overturning or gutting Roe v. Wade, the landmark 1973 decision, has been an animating political issue exploited by both sides.

Liberals say they fear Barrett’s religious views coupled with her devotion to a Scalia-favored interpretation of the Constitution known as originalism could result in a constant chipping away of Roe and other landmark abortion cases.

Her legal writings and speeches show a commitment to “originalism,” a concept that involves justices endeavoring to decipher original meanings of texts in assessing whether someone’s rights have been violated. Many liberals say that approach is too rigid and doesn’t allow the Constitution’s consequences to adjust to vastly changing times.

On abortion, questions have arisen about Barrett’s involvement in organizations that vigorously oppose it. But she has not said publicly she would, if given the chance, seek to scale back rights affirmed by the high court.

Barrett has been a federal judge just since l2017, when Trump nominated her to the Chicago-based 7th U.S. Circuit Court of Appeals. But as a long-time University of Notre Dame law professor she had already establish herself as a reliable conservative in the mold of Scalia.

She gained a reputation as a Scalia clerk in the late 1990s as bright and adept at picking apart poorly reasoned arguments. Ara Lovitt, who clerked with her at the time, recalls that at her investiture ceremony for the 7th Circuit, Scalia had high praise for her.

“‘Isn’t Amy great,’” Lovitt remembers Scalia saying.

Before becoming a judge, she discussed how court precedents provide welcome stability in the law. But she also seemed to leave the door open to the possibility of reversing ones about which there remained sharp disagreement.

“Once a precedent is deeply rooted,” a 2017 article in the University of Pennsylvania Journal of Constitutional Law, which Barrett co-wrote, said, “the Court is no longer required to deal with the question of the precedent’s correctness.” But it added: “None of this is to say that a Justice cannot attempt to overturn long-established precedent. While institutional features may hinder that effort, a Justice is free to try.”

Barrett and her husband, Jesse Barrett, a former federal prosecutor, both graduated from Notre Dame Law School. They have seven children, including two adopted from Haiti and one with special needs.

She would be the only justice on the current court not to have received her law degree from an Ivy League school. The eight current justices all attended either Harvard or Yale.

How her religious beliefs might guide her legal views became a focus for some Democrats during bruising confirmation hearings after Barrett’s nomination for the 7th Circuit. That prompted Republicans to accuse Democrats of seeking to impose a religious test on Barrett’s fitness for the job.

At Notre Dame, where Barrett began teaching at 30, she often invoked God in articles and speeches. In a 2006 address, she encouraged graduating law students to see their careers as a means to “building the kingdom of God.”

She was considered a finalist in 2018 for the high court before Trump nominated Brett Kavanaugh for the seat that opened when Justice Anthony Kennedy retired. Even some conservatives worried her sparse judicial record made it too hard to predict how she might rule, concerned she could end up like other seemingly conservatives who wound up more moderate.

Three years on, her record now includes around 100 opinions and dissents, in which she often illustrated Scalia’s influence by delving deep into historical minutiae to glean the meaning of original texts.

A 2019 dissent in a gun-rights case argued a person convicted of a nonviolent felony shouldn’t be automatically barred from owning a gun. All but a few pages of her 37-page dissent were devoted to the history of gun rules for convicted criminals in the 18th and 19th centuries.

Barrett has twice joined dissenting opinions asking for abortion-related decisions to be thrown out and reheard by the full appeals court. Last year, after a three-judge panel blocked an Indiana law that would make it harder for a minor to have an abortion without her parents being notified, Barrett voted to have the case reheard by the full court.

She wrote a unanimous three-judge panel decision in 2019 making it easier for men alleged to have committed sexual assaults on campus to challenge the proceedings against them. And she was in dissent in June when her two colleagues on a 7th Circuit panel put on hold, just in Chicago, the Trump administration policy that could jeopardize permanent resident status for immigrants who use food stamps, Medicaid and housing vouchers.

Barrett would assume the court seat with already substantial wealth, and her financial disclosures show close ties to a number of conservative groups. Barrett and her husband have investments worth between $845,000 and $2.8 million, according to her 2019 financial disclosure report. Judges report the value of their investments in ranges. Their money is invested mostly in mutual funds, some of which are for retirement and their children’s education.

When she was nominated to the appeals court in 2017, Barrett reported assets of just over $2 million, including her home in Indiana worth nearly $425,000, and a mortgage on the property with a balance of $175,000.

In the two previous years, Barrett received $4,200 in two equal payments from Alliance Defending Freedom, a conservative Christian law firm, her financial report shows. In 2018 and 2019, she participated in 10 events sponsored by the Federalist Society, which paid for her transportation, meals and lodging in New York, New Orleans, Washington and other cities. Several events took place at leading law schools.

Barrett was raised in New Orleans and was the eldest child of a lawyer for Shell Oil Co. She earned her undergraduate degree in English literature in 1994 at Rhodes College in Memphis, Tennessee.

She also served as a law clerk for Laurence Silberman for a year at the U.S. Court of Appeals for the District of Columbia Circuit. Between clerkships and entering academia, she worked from 1999 to 2001 at a law firm in Washington, Miller, Cassidy, Larroca & Lewin.

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