The Supreme Court Wasn’t Always All-Powerful
When it comes to injecting partisan politics into the judiciary, Amy Coney Barrett’s rushed confirmation is a whole new level of meddling
Want to see the power of a Supreme Court Justice on full display? Just turn on your television, where several United States Senators — no slouches themselves in the power department — are willing to risk their health, and possibly their lives, in order to confirm one.
This week, Lindsay Graham, chair of the Senate Judiciary Committee, refused to take a Covid-19 test despite exposure to the coronavirus, because a positive result would have delayed a confirmation hearing for Judge Amy Coney Barrett. Mike Lee, a Utah Republican, attended the hearing after just 10 days of quarantine following a positive diagnosis, rather than the 14 days mandated by the Centers for Disease Control and Prevention. (He produced a doctor’s note declaring him symptom free, but not a negative test.) At-risk Senate Republicans, such as 87-year-old Chuck Grassley or 68-year-old John Kennedy, could have called for a postponement to a hearing until their safety could be ensured. Instead, they appeared in person, determined to fill Ruth Bader Ginsburg’s seat before the November elections.
