Lots of things are wrong with the nomination of a diehard originalist, anti-abortion activist, and Trump enthusiast to “replace” on the Supreme Court the justice who made women equal under the law in the United States. But I incline to the view that the damage Amy Coney Barrett can do is limited, even if she opts–as is likely–to make decisions that toe the conservative line. Here’s why:
Barrett describes herself as an “originalist” in the mold of her mentor, the late Justice Scalia. Whatever this label once meant, it now allows its adherents to decide just about anything the right wing of the political establishment wants: restrictions on a woman’s right to control her own body, an individual right to bear arms outside the context of a “well-ordered” militia, restrictions on the decisions of universities and companies about which students and employees will serve their purposes best, harsh treatment of immigrants, denial of government-subsidized health insurance to tens of millions of Americans, and a preference for religious communities over the rights of individuals.
So yes, Amy Coney Barrett is a terrible choice for the Supreme Court and will live up to all the negative expectations people like me have of her. With a 6/3 right-wing majority the Court will lose the respect of the more than half the country that will vote for Joe Biden and want him to appoint Ginzburg’s successor. But a lot of the damage Barrett might cause has already been done. I doubt she can do a lot more.
PS: I realize I failed to consider the impact of Barrett, if confirmed before the election, on its outcome. Judging from past performance on the Court, all the Republican-appointed judges will favor Trump’s election in any case that gets to the Court. So Barrett’s appointment does not change the majority on election issues either.
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