President Trump may extend the historic impact he has made on the United States Supreme Court with a third appointment to the high court.
It has been rumored for years Justice Ruth Bader Ginsburg is eyeing retirement and a new report from Axios reveals Trump already has a pick ready and waiting for a potential vacancy.
According to the report, Trump wants to add Judge Amy Coney Barret to the Supreme Court:
As he was deliberating last year over replacing Supreme Court Justice Anthony Kennedy, President Trump told confidants he had big plans for Judge Amy Coney Barrett.
“I’m saving her for Ginsburg,” Trump said of Barrett, according to three sources familiar with the president’s private comments. Trump used that exact line with a number of people, including in a private conversation with an adviser two days before announcing Brett Kavanaugh’s nomination.
Instead of going with Barrett, the president chose to nominate Brett Kavanaugh to replace the retiring Kennedy.
Axios reports Trump decided against going with Barrett as some Republicans in the Senate, including Susan Collins and Lisa Murkowski, may have voted against her. The president also was encouraged to wait until the Republican Party picked up more Senate seats in the 2018 midterm elections (and they did).
While Trump’s pick is ready and waiting, Axios reports: “There’s no guarantee Trump will get another Supreme Court pick. It’s very unlikely Ginsburg will retire while he’s in office. And though she’s 86 and has had 3 bouts with cancer, she’s on the bench now and appears healthy.”
Fox News reports Trump initially appointed Barrett to the U.S. Court of Appeals for the Seventh Circuit in 2017.
“Barrett, who is open about her Catholicism, was grilled by Democrats during her Senate confirmation. Should Barrett be nominated to the Supreme Court, a contentious confirmation process would undoubtedly play out,” Fox News adds.
A 2018 report from Politico has more on Judge Barrett:
A superstar among the religious right, Barrett would be the fifth woman to serve on the court and the youngest justice confirmed since Clarence Thomas was elevated to the Court at age 43 in 1991.
Barrett is a newcomer to the bench, joining the U.S. Court of Appeals for the Seventh Circuit less than a year ago in October 2017. A graduate of Notre Dame University Law School, Barrett clerked for the late conservative Justice Antonin Scalia and later returned to Notre Dame’s law school as a member of the faculty.
Barrett was vaulted into the headlines during her 2017 confirmation hearings when she was pressed on how her Catholic faith could impact her jurisprudence.
Like other originalists, she has at times criticized the practice of stare decisis – in which judges rely on precedent – when the judge feels past rulings conflict with the Constitution.
“In a system of precedent, the new majority bears the weight of explaining why the constitutional vision of their predecessors was flawed and of making the case as to why theirs better captures the meaning of our fundamental law,” she wrote in a piece discussing the issue.
The question of whether Barrett would be willing to cast a vote to overturn Roe v. Wade would likely loom large at her confirmation hearings.