Kennedy’s Replacement Should Be Judge Amy Coney Barrett

It will be nice to have one woman in the majority when the Supreme Court finally overturns Roe v. Wade.

.. She is the youngest of the five top choices, which is a mark in her favor given that the nominee will have life tenure and Trump will want one who will leave a lasting mark on the law.

.. Her educational history — she went to Rhodes College and Notre Dame Law School — would add a little welcome diversity to a Supreme Court full of Yale and Harvard alumni.
.. Barrett has also recently been through Senate confirmation to a federal appeals court. She won the support of all the Republicans and three Democrats
.. But they will be hard-pressed to argue that she is an extremist given their own recent support... “Dogma lives loudly within you,” Feinstein said, in reference to Barrett’s Catholic faith. Never mind that Barrett had already said that “it is never appropriate for a judge to apply their personal convictions, whether it derives from faith or personal conviction.”

.. Feinstein’s office defended the senator by noting that Barrett had also written, in an article for the Notre Dame Alumni Association, that all people play a role “in God’s ever-unfolding plan to redeem the world” — which is a fairly basic statement of Christian belief that does not imply support for the judicial imposition of theocracy.

.. opposing a woman will probably be more awkward for senators than opposing a man would be. Also, it cannot be good for conservatism that all three women now on the court are liberals.

.. If Roe v. Wade is ever overturned — as I certainly hope it will be, as it is an unjust decision with no plausible basis in the Constitution — it would be better if it were not done by only male justices, with every female justice in dissent.

So pick Barrett, Mr. President. Let the dogma live loudly on the Supreme Court.

 

The Supreme Temptation of Amy Coney Barrett

And Republicans expect — and want — liberals to be so freaked out by thisthat they oppose her in a manner that can be branded anti-religious. They’re setting her up to be a Christian martyr, minus the grisly end, and daring Democrats to take the bait.

.. Aaron Blake sagely sized up the appeal of this dynamic to Trump, writing that it’s “exactly the kind of battle he generally relishes: One that invites his opponents to overreach.” My Times colleague Ross Douthat tweeted that if Trump wants to “trigger the libs,” he’ll nominate Barrett. Douthat further predicted that her nomination “might bring on the culture-war apocalypse.”

.. She’s the most tactically fascinating of the front-runners in several ways. At 46, she’s the youngest, so her time on the court could easily cover four decades. She’s a longtime resident of Indiana, which happens to be home to Joe Donnelly, one of three Democratic senators whose votes are most clearly in play when it comes to confirming Trump’s nominee.

.. She’d be the only justice on the Supreme Court without the imprimatur of the Ivy League, and there’s little whiff of the coastal elites about her. She did her undergraduate work at Rhodes College in Tennessee and then attended law school at Notre Dame

..  her own time on the bench is limited to her eight months on that court.

.. her promoters revel openly in the idea of Roe v. Wade being overturned after the addition of another woman to a Supreme Court that would then have an almost even gender balance of four women and five men.

.. her Senate confirmation hearings after her nomination for the circuit court made her a hero to conservatives, especially religious ones. They took issue in particular with questions that Senator Dianne Feinstein

.. “The dogma lives loudly within you,” Feinstein said