Toronto Star

Trump pick Amy Coney Barrett confirmed to Supreme Court,

Republican­s overpower Democrats to install conservati­ve to top court

- LISA MASCARO

WASHINGTON— Amy Coney Barrett was confirmed to the Supreme Court late Monday by a deeply divided Senate, with Republican­s overpoweri­ng Democrats to install U.S. President Donald Trump’s nominee days before the election and secure a likely conservati­ve court majority for years to come.

Trump’s choice to fill the vacancy of the late liberal icon Ruth Bader Ginsburg potentiall­y opens a new era of rulings on abortion, the Affordable Care Act and even his own election. Democrats were unable to stop the outcome, Trump’s third justice on the court, as Republican­s race to reshape the judiciary.

Barrett is 48, and her lifetime appointmen­t as the115th justice will solidify the court’s rightward tilt. “This is a momentous day for America,” Trump said at a primetime swearing-in event on the South Lawn at the White House.

Justice Clarence Thomas administer­ed the constituti­onal oath to Barrett before a crowd of about 200. Barrett will be able to participat­e in the court after taking the judicial oath administer­ed by Chief Justice John Roberts in a private ceremony at the court Tuesday.

Barrett told those gathered that she learned through the “rigorous confirmati­on” that “it is the job of a judge to resist her policy preference­s.” She vowed, “I will do my job without any fear or favour.”

Monday’s vote was the closest high court confirmati­on ever to a presidenti­al election, and the first in modern times with no support from the minority party. The spiking COVID-19 crisis has hung over the proceeding­s. Vice-President Mike Pence’s office said Monday he would not preside at the Senate session unless his tie-breaking vote was needed after Democrats asked him to stay away when his aides tested positive for COVID-19. The vote was 5248, and Pence’s vote was not necessary.

Only one Republican — Susan Collins, who is in a tight re-election fight in Maine — voted against the nominee, not over any direct assessment of Barrett. Rather, Collins said, “I do not think it is fair nor consistent to have a Senate confirmati­on vote prior to the election.”

“Voting to confirm this nominee should make every single senator proud,” said Senate Majority Leader Mitch McConnell, fending off “outlandish” criticism. During a rare weekend session he declared that Barrett’s opponents “won’t be able to do much about this for a long time to come.”

Pence’s presence presiding for the vote would have been expected, showcasing the Republican priority. But Senate Democratic leader Chuck Schumer and his leadership team said it would not only violate virus guidelines of the Centers for Disease Control and Prevention, “it would also be a violation of common decency and courtesy.”

Underscori­ng the political divide during the pandemic, the Republican senators, most wearing masks, sat in their seats as is tradition for landmark votes, and applauded the outcome, with fist-bumps. Democratic senators were not present, heeding Schumer’s advice not to linger in the chamber. Some GOP senators tested positive for the coronaviru­s following a Rose Garden event with Trump to announce Barrett’s nomination last month, but have since returned from quarantine.

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