Amy Coney Barrett vowed to remain independent of external political pressures and her own policy preferences as she spoke about preserving the Constitution during a ceremonial Supreme Court swearing-in event.
She did so standing next to President Trump just outside the White House roughly an hour after the Senate confirmed her to the highest court in the land in a close vote marked by Democrats opposing her nomination so close to Election Day.
“The confirmation process has made ever clearer to me one of the fundamental differences between the federal judiciary and the United States Senate. And perhaps the most acute is the role of policy preferences. It is the job of a senator to pursue her policy preferences. In fact, it would be a dereliction of duty for her to put policy goals aside. By contrast, it is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give in to them,” Barrett said during a short speech after being sworn in by Supreme Court Justice Clarence Thomas.
“Federal judges don’t stand for election, thus they have no basis for claiming that their preferences reflect those of the people. This separation of duty from political preference is what makes the judiciary distinct among the three branches of government,” she added. “A judge declares independence, not only from Congress and the president, but also from the private beliefs that might otherwise move her. The judicial oath captures the essence of the judicial duty — the rule of law must always control.”
Earlier Monday evening, the Republican-majority Senate, led by Majority Leader Mitch McConnell, voted 52-48 to elevate Barrett from the 7th Circuit Court of Appeals to the Supreme Court following a weekend and a day of debate. Barrett, beloved by conservatives, filled the vacancy left by liberal icon Justice Ruth Bader Ginsburg after her death on Sept. 18.
The oath itself, in which Barrett swore to “support and defend the Constitution of the United States against all enemies, foreign and domestic,” was administered by Thomas, an appointee of President George H.W. Bush who was himself confirmed following a contentious Senate process led by former Senate Judiciary Committee Chairman and current 2020 Democratic presidential nominee Joe Biden. Barrett’s husband, Jesse, held the Bible as the now-justice took the oath and as Trump looked on.
“My fellow Americans: Even though we judges don’t face elections, we still work for you,” Barrett promised after she was sworn in. “It is your Constitution that establishes the rule of law and the judicial independence that is so central to it. The oath that I have solemnly taken tonight means at its core that I will do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences. I love the Constitution and the democratic republic that it establishes — and I will devote myself to preserving it.”
In introducing Barrett before her swearing in and her speech, Trump said, “Because of our Constitution and our culture of freedom, you live in a land where anything is possible, and where any dream can come true. No matter who you are, no matter your background, in America, everyone is entitled to protection under our laws, and your sacred rights can never, ever be taken away. The march of liberty that began with the American Revolution continues onward this evening. … Justice Barrett, as you take your oath tonight, the legacy of our ancestors falls to you.”
The speeches by Trump and Barrett were delivered on the South Lawn of the White House, where high-profile guests and politicos sat spaced out with masks on. After her remarks, Trump and Barrett climbed the stairs up to the White House balcony, where they were quickly joined by first lady Melania Trump and Barrett’s husband.
McConnell said Barrett was “a woman of unparalleled ability and temperament” as he successfully ushered her confirmation through on Monday. The Kentucky Republican also warned Democrats against overreacting to their Supreme Court fight defeat. “Elections come and go. Political power is never permanent, but the consequences could be cataclysmic if our colleagues across the aisle let partisan passion boil over and scorch — scorch — the ground rules of our government,” he said.
Minority Leader Chuck Schumer of New York lamented on the Senate floor that “today … will go down as one of the darkest days in the 231-year history of the United States Senate.”
Some of the more outspoken, liberal members of the Democratic Party, such as Rep. Alexandria Ocasio-Cortez, quickly reacted to the confirmation by saying it is time to “expand the court.” Biden, who has previously criticized court-packing over the decades, has thus far declined to give a firm answer on whether he would pack the Supreme Court. Instead, the candidate said he would create a commission to study a number of court changes if he wins.
The death of 87-year-old Ginsburg, who was nominated by President Bill Clinton and confirmed in 1993, toward the end of the 2020 election cycle drew comparisons to the death of Justice Antonin Scalia, the 79-year-old conservative icon and Ronald Reagan appointee who died in February 2016 during the Democratic and Republican primaries. President Barack Obama nominated Merrick Garland, the chief judge of the U.S. Court of Appeals for the D.C. Circuit, to fill Scalia’s vacancy that March. But Senate Republicans declined to hold confirmation hearings or a vote, arguing that they wouldn’t confirm a justice appointed by a lame-duck president of the opposite party and that the winner in 2016 should fill the vacancy. Trump announced Barrett’s nomination in a Rose Garden ceremony on Sept. 26.
Barrett served on the Midwest appeals court after making it through another contentious confirmation process in 2017, during which multiple Democratic senators were critical of her Catholic faith. Senate Judiciary Committee ranking member Dianne Feinstein’s quote, “The dogma lives loudly within you,” became a rallying cry for conservatives and helped solidify Barrett’s position as the top choice of many Republicans for the highest court. Barrett sailed through her October confirmation hearings without a major hitch.
With just over a week to go before the presidential showdown between Trump and Biden, the president scored a big win even as he consistently lags in most national polls, with Barrett joining Justice Neil Gorsuch and Justice Brett Kavanaugh as Trump’s third pick to be confirmed to the Supreme Court.
