In the last 24 hours several of you have asked me what I think about Trump’s nomination of Amy Coney Barrett.
First, I think there is nothing unconstitutional about Trump choosing a nominee in an election year.
Second, I think there are times when a president should think about the greater good of the country. (I can’t believe I actually have to point this out, but we are living in the age of Trump). This might mean holding a Supreme Court nomination until after a presidential election. At the very least, it might also mean waiting until Ruth Bader Ginsburg is buried before choosing her successor. Joe Biden is right about Trump’s lack of basic human decency.
Third, GOP Senators are hypocrites. In 2016, Merrick Garland should have received a hearing and a vote. I am not convinced by any of the GOP attempts to reconcile their 2016 views with their willingness to give Trump’s nominee (Barrett) a hearing and a vote in 2020.
This Jake Tapper interview with Senator Tom Cotton of Arkansas is a perfect example of what I am talking about:
Fourth, no matter what we think about all of this, Barrett will be appointed to Ginsburg’s seat and it will probably happen before the election. If it wasn’t Barrett, it would have been another justice approved by the court evangelicals.
Fifth, Barrett is a competent interpreter of the law and a fair choice in light of what I wrote about in the previous paragraph.
Sixth, I direct you to my previous posts on Barrett’s religion. I have tried to put her beliefs in some kind of larger context.
Seventh, I take a “wait and see” approach on Roe v. Wade. Barrett has said it is unlikely that it would be overturned, but that was back in 2013. (It is unclear whether her comment represented her own personal beliefs or was simply a statement made by an outside commentator).
Moreover, as someone who does not believe overturning Roe is the best way to reduce abortions in America, I don’t have a strong opinion either way on Barrett’s anti-abortion record. I know I will be criticized by the Right and the Left for this position. The Right will criticize me for not embracing the conservative evangelical playbook on abortion. I have argued many times before why the Christian Right playbook is bad for the nation and the church. The Left will say that as a white male I don’t care about women’s health. This is a false binary. One can care about women’s health and still think abortion is morally wrong. I stand with the millions of American women who also believe this.
Eighth, I am worried more about what a Barrett appointment might mean for health care and the Affordable Care Act (Obamacare) than I am about what it might mean for abortion.
Ninth, I am not worried about Trump using a conservative majority on the court to steal the 2020 presidential election. I have no doubt that Trump will try to claim election fraud if he loses on November 3, but I can’t imagine the Supreme Court would allow him to get away with this.
Politically, Trump’s ongoing claims that mail-in-ballots will lead to an unfair election will ultimately work against him because it gives the Court and other officials time to anticipate his arguments and gather evidence to prove he is wrong.