After the passing of Associate Justice Ruth Bader Ginsburg in September, President Donald Trump nominated Amy Coney Barrett, former judge of the United States Court of Appeals for the Seventh Circuit, to the Supreme Court. She was confirmed as an associate justice just one week before the general election on Monday, Oct. 26, winning the Senate vote 52 to 48.
“We have never had a Supreme Court nominee confirmed while an election was actually going on,” said William Schaefer, adjunct professor of political science at Hofstra University, referencing the precedent set in 2016.
Barrett’s confirmation increased the conservative majority in the Supreme Court from 5-4 to 6-3.
“Substantively, obviously she brings a very conservative bend to the court, so we now have a 6-3 clear conservative majority on the court,” Schaefer said. “We now have a United States Senate and a United States Supreme Court which is … out of sync with the nation.”
This conservative shift in the highest level of courts is a concern to some students. “There are a lot of high-profile cases that are on the docket and it’s concerning that … one swing vote won’t be enough in cases anymore,” said Daria Valan, a senior philosophy major. “It will take at least two more conservative justices to vote in more liberal cases.”
One notable case currently under scrutiny is Roe v. Wade, which addresses women’s reproductive rights. This landmark Supreme Court case was decided in 1973 and the court ruled that a woman’s right to an abortion is protected under the Constitution. However, the conservative majority in the Supreme Court could overturn the ruling, according to Schaefer.
“It’s in a very tenuous position right now,” Schaefer said. “Even if [Chief] Justice Roberts doesn’t go along with it … you have five votes on the Supreme Court right now to overturn Roe v. Wade.”
Although Chief Justice John Roberts is a conservative, he has voted more liberally on several cases in the past. It is unclear whether he would vote to overturn Roe v. Wade, but many believe it is clear where Barrett stands on the issue.
“We know that Justice Barrett has been hostile to comprehensive health care through her judicial records and writings,” said Jacquelyn Marrero, director of media relations at the Planned Parenthood of Greater New York Action Fund.
Even though she stated in her Senate confirmation hearings that she would enter each case without any preconceived notions, Barrett has made her stance on abortion clear in the past. She stated that abortion is “always immoral” in a Notre Dame Law School article.
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““The bottom line is people should have the right to decide what’s best for their bodies and for their futures.” ”
Emma DeSimone, a senior journalism and political science double major, believes having a woman with these opinions on the Supreme Court is “really disappointing considering that it’s the highest judicial seat in court in America.”
Other students reiterated DeSimone’s concerns. “She’s the only woman in the conservative block … I think that’s really concerning because she could be seen as the voice for women,” Valan said. “To be a spokeswoman for women’s rights but seeming to advocate against women’s rights is a scary situation.”
If Roe v. Wade is overturned, each individual state will dictate whether abortion is legal, illegal or partially restricted in the state. Schaefer believes that this could be problematic for women in more conservative states seeking abortions.
“Women in New York State or Massachusetts have very little to worry about,” said Schaefer, “but women in Mississippi or Oklahoma are in dire trouble … with this new court.”
Many are worried about this possibility as it relates to the larger future of women’s reproductive health.
“If states outlaw abortion, they’re not really outlawing abortion, they’re outlawing safe abortion,” Valan said, noting that illegal and unsafe abortions were done before the passing of Roe v. Wade.
Around seven million women are admitted to hospitals each year in developing countries as a result of unsafe abortions, according to a study done by the World Health Organization.
“If people cannot access safe legal abortions, then that jeopardizes their constitutional human rights,” Marrero said.
There is also concern about the fact that the issue of abortion is being revisited after already being mandated in the Constitution. “At this point in 2020, human rights shouldn’t be up for debate,” Valan said.
DeSimone thinks that making abortion illegal is not the answer, noting that contraceptives and reproductive healthcare should be more affordable and accessible, and that sex education classes should be more comprehensive. “There are more effective ways of limiting rates of abortion instead of just making it illegal,” she said.
“The bottom line is people should have the right to decide what’s best for their bodies and for their futures,” Marrero said.
