Donald Trump welcomed Monday evening the confirmation by the Senate of la juge Amy Coney Barrett to the Supreme Court as a “Historic day for America”, during the magistrate’s swearing in at the White House. The Republican President praised “Impeccable qualifications”, “Generosity in faith” and “The golden character” of the judge, who will permanently anchor the high court in conservatism.
This 48-year-old Catholic, mother of seven and opposed to abortion, was sworn in at the White House. She could join the temple of American law on Tuesday, where she will take the seat left vacant by the death of the progressive and feminist icon. Ruth Bader Ginsburg September 18.
A conservative turn
Its confirmation, just one week before the election deadline, announces a major conservative shift in American justice, even in the event that Joe Biden wins the presidential elections on November 3. The United States now has a Supreme Court that may be the most threatening to human rights since the Dred Scott tribunal of the 1850s, which ruled that African Americans could not claim citizenship rights.
One of the Conservatives’ main goals is to reconfigure the First Amendment on religious rights, questioning same-sex marriage, abortion and contraception. Judge Barrett has on several occasions been particularly radical in these matters.
Upon her arrival, she will have to quickly rule on several major issues. Point.
Trump’s taxes
Judges must decide whether a New York prosecutor will have access to Trump’s financial documents between January 2011 and August 2019 (including tax returns). Last July, the Supreme Court rejected the President’s immunity requests.
An appeals court ruled this month that it is “Ordinary documents relevant to an investigation into possible financial misconduct. “
Trump’s lawyers have since sent the case to the Supreme Court, urging judges to stay the court’s decision. If the request is denied, the subpoena can continue, although the documents are protected from public disclosure.
Extension requests for the count
This concerns the states of Wisconsin, North Carolina, Minnesota and Pennsylvania.
Pennsylvania Republicans on Friday asked the Supreme Court to block an extension to receiving ballots that would allow them to be counted if they are received within three days of election day – even if they don’t do not have a legible postmark.
Republicans in North Carolina are asking the Supreme Court to block a nine-day extension to the counting of ballots if they are received on election day and to reinstate a three-day extension established by the legislature last June.
Finally, another case that seems to await Judge Barrett was announced just minutes before the Senate vote on Monday. It involved petitions from the Wisconsin Democrats, which asked judges to allow the counting of the ballots six days after the election. They are also asking that the votes of people who have contracted Covid-19 be able to obtain replacement ballots by email.
Abortion in Mississippi
The case concerns the fifteen-week abortion ban enacted in Mississippi in 2018 by Republican Governor Phil Bryant. During this period, the law made exceptions only for medical emergencies or during a “serious fetal anomaly”, but not for cases of rape or incest.
A Mississippi federal judge struck down the right to abortion in November 2018, and the Court of Appeals upheld the decision late last year. But in additional documents, Mississippi Attorney General Lynn Fitch referred to a Louisiana settlement involving hospital admitting privileges.
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