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We Must Stop Amy Coney Barrett From Becoming Trump’s Next Supreme Court Justice

Amy Coney Barrett appears to be Trump’s nominee to replace Justice Ruth Bader Ginsburg on the Supreme Court. If Trump is successful at getting Barrett confirmed, the Court will work to preserve the Trump agenda for decades to come. 

Key issues that affect us all hang in the balance, including reproductive rights, access to health care, LGBTQ rights, environmental protections, and much more. The next Supreme Court justice could also rule on cases involving Trump himself, including the fate of the 2020 Presidential Election. 

What’s At Stake

Justice Ginsburg was a champion of justice, a trailblazer for women, and an American icon. As a tireless fighter for gender equality, it was her dedication and brilliance as a lawyer for the ACLU that guaranteed equal protection under the law regardless of race or gender. Her work as an attorney and later as a judge and Supreme Court justice created a legacy for equality unlike any other.

Amy Coney Barrett, on the other hand, is a direct threat to Justice Ginsburg’s legacy. Here’s what’s at stake if Barrett is confirmed to replace RBG as the next Supreme Court justice.

Our Rights: Reproductive Justice, Access to Affordable Health Care, and LGBTQ Equality

Something important to keep in mind: We already know what kind of justice Amy Coney Barrett will be. Trump himself has laid out a litmus test for all of his judicial nominees. 

Trump has already told us what he wants out of a Supreme Court justice. His “short list” of potential nominees was written by far-right activists, with two key criteria.

First, Trump has promised that Roe v. Wade would be overturned “automatically...because I will put pro-life justices on the court.”

The Federalist Society—which created the “short list” of judges for Trump to choose from—has advocated for overturning Roe v. Wade since the organization’s founding in 1982. Should Barrett be confirmed, the ability of millions of people (particularly lower-income women, women of color, and members of the LGBTQ community) to access abortion and other reproductive care would be in serious jeopardy.

Amy Coney Barrett has heavily criticized Roe and made clear that she is willing to ignore precedent and overturn laws as she sees fit. She has called Roe “a framework of abortion on demand” created “by judicial fiat.” Further, she has criticized efforts to ensure access to contraception as an assault on religious liberty.

Second, Trump has made clear that he is seeking a Supreme Court justice hostile to the Affordable Care Act, and that his justices will “do the right thing … on Obamacare.”

After the Trump administration gutted the individual mandate, 20 states sued to overturn the ACA. Trump’s Department of Justice announced that they would not defend major portions of the law in court, including provisions concerning pre-existing conditions. That means the fate of healthcare coverage for millions of Americans lies once more in the hands of the Supreme Court. Trump has already indicated he will choose a justice who will deal a fatal blow to the ACA, and we should believe him.

Amy Coney Barrett has openly opposed the Affordable Care Act, critiquing the Supreme Court's previous decision to uphold the individual mandate. Yet another ACA case is scheduled to begin just one week after this November’s election. Confirming Barrett to the Supreme Court would be an insurmountable barrier to the future of the ACA. 

Further, Barrett will shift the Court even further right, placing LGBTQ rights in jeopardy. Justice Ginsburg was a consistent advocate for the LGBTQ community, voting in one of her final cases to ban discrimination against LGBTQ folks in the workplace. Barrett’s confirmation would threaten these hard-won advances, and will pose a threat to future pushes for LGBTQ equality.
Amy Coney Barrett has already faced controversy during her confirmation to the Seventh Circuit for delivering a lecture paid for by Alliance Defending Freedom, an anti-LGBTQ hate group.

Protecting the Wealthy and Powerful Instead of All of Us

A Supreme Court with six extreme far-right justices will side with the wealthy and powerful, instead of protecting the rights of workers, consumers, and all Americans.

Barrett has made a number of alarming rulings siding with employers and corporations instead of workers. Her first opinion issued as a judge on the Seventh Circuit helped a company racially segregate their workforce.

Holding Trump Accountable and the 2020 Election

The next Supreme Court justice very well may hear cases pertaining to Trump himself, including the outcome of the 2020 Presidential Election. Barrett has already shown she would side with Trump over our democracy. She opposed Special Counsel Robert Mueller’s investigation and appeared willing to shield Trump from being held accountable for corruption, abuse of power, and obstruction of justice.

Furthermore, given Trump’s blatant attempts to steal the election, it appears increasingly likely that the Supreme Court will decide who wins the 2020 Presidential Election. Allowing Trump to name another far-right extremist to the Supreme Court would hand him the election if it came down to a court ruling. 

Bottom Line

Amy Coney Barrett has demonstrated her extremism consistently throughout her career. In addition to the key issues already identified, she has asserted other baffling opinions, including opposition to even basic criminal justice reforms.

From reproductive rights to access to health care and more, it’s clear that Barrett would rubber stamp Trump’s agenda for decades to come if confirmed. Even more urgently, if the 2020 Presidential Election results are challenged in court, she could hand the White House to Trump. 

So, What Can You Do?

Now that we know who Trump’s nominee is, it’s time for senators to know that she is unacceptable and that they must immediately commit to vote against her confirmation. 

First, take a look at our strategy on how to #SaveSCOTUS.

Next, register an event at your senators’ in-district offices during our week of action.

Then, from now until the confirmation, flood your senators’ offices with phone calls.