Amy Coney Barrett’s expected nomination to Supreme Court is a perfect reflection of the divisions in U.S. politics - The Globe and Mail | Canada News Media
Connect with us

Politics

Amy Coney Barrett’s expected nomination to Supreme Court is a perfect reflection of the divisions in U.S. politics – The Globe and Mail

Published

 on


This image provided by Rachel Malehorn shows Judge Amy Coney Barrett in Milwaukee, on Aug. 24, 2018. (Rachel Malehorn, rachelmalehorn.smugmug.com, via AP)

The Canadian Press

Now, the 2020 effort to fill the Supreme Court seat once held by a jurist famed for her love of the opera takes on the air if not the arias of Giuseppe Verdi’s 1867 Don Carlo: a mix of death and politics.

Already, Washington is braced for dramatics worthy of La Scala, created by a set of unlikely stage circumstances worthy of the most imaginative librettos.

A year ago, nobody expected the leitmotif of this U.S. election year to be a once-obscure respiratory ailment with the ungainly name COVID-19. Seven months ago, few expected former vice-president Joe Biden, three-quarters of a century old and looking every year of it, to be the designated saviour of the Democrats in the Donald Trump era.

Story continues below advertisement

And only a week ago, nobody expected the election to turn on the destiny of Amy Coney Barrett.

Amy Coney Barrett? An Indiana jurist known to few Americans outside conservative legal circles until late last week, Justice Barrett, 48, was expected to be nominated Saturday by Mr. Trump to fill the Supreme Court vacancy created by the death just more than a week ago of Justice Ruth Bader Ginsburg. And if the scales of justice require an elegant balance, then Mr. Trump’s selection fits comfortably opposite Justice Ginsburg on the weighing pan of U.S. jurisprudence.

Though both are women, Justice Barrett – like the late Justice Antonin Scalia, Justice Ginsburg’s opera companion, and the conservative jurist for whom Justice Barrett clerked – is a judicial originalist, the opposite of Justice Ginsburg’s profile as a judicial activist.

Justice Barrett was educated at tiny Rhodes College and the University of Notre Dame, and is a product of Memphis and the Midwest. Justice Ginsburg was educated at Cornell, Harvard and Columbia, the product of the Ivy League and the Eastern establishment. Justice Barrett has qualms about what she derided in a Notre Dame speech as abortion-on-demand and has an expansive view of the Second Amendment that is the basis of widespread gun ownership. Justice Ginsburg was a fervent supporter of abortion rights and didn’t believe the Second Amendment should be interpreted to permit widespread ownership of guns.

It is those differences – the positioning of Justice Barrett on the opposite side of virtually all the vital judicial issues of 21st-century America – that makes her “the nominee that social conservatives have been waiting and fighting for,” as John Yoo, deputy assistant attorney-general in the George W. Bush administration and law professor at the University of California, Berkeley, put it.

And that is what so energizes conservatives in the United States and so horrifies liberals.

It is, moreover, those differences that add definition, passion and perhaps direction to an election that, like virtually no other in U.S. history, could turn on the future of the Supreme Court.

Story continues below advertisement

Already, Mr. Biden has tied the Supreme Court confirmation battle to the survival in the high court of the Obamacare health-insurance law, emphasizing the urgency that the issue possesses in the time of the coronavirus. And already, both sides in the abortion battle are stoking passions among their adherents, declaring that abortion rights, established in 1973, now could be in the balance.

To be sure, throughout the past 90 years, the composition of the Supreme Court has been an important issue: in the New Deal years, when the high court ruled on the Great Depression remedies of Franklin Delano Roosevelt; in the Dwight Eisenhower years, when the first important racial-integration rulings were handed down; in the Richard Nixon years, when abortion was legalized and the President’s prerogatives were curtailed.

Polls show Mr. Biden holding as much as a 17-point advantage over the President among women, raising the prospect of a record gender gap. Choosing a jurist such as Thomas Hardiman – a moderate that Mr. Trump has considered in the past and whose ideological profile would be less onerous to conservative Democrats in the Senate – would only make it more difficult for Mr. Trump to narrow that gap.

If the very prospect of replacing Justice Ginsburg is a flashpoint in U.S. politics, the selection of Justice Barrett is a lightning strike – a perfect reflection of the divisions in U.S. politics today and of the tensions that define the struggle for the White House. In every way that this nomination mobilizes Democrats infuriated at the President’s selection and Senate Majority Leader Mitch McConnell’s determination to hold a confirmation vote for Justice Barrett, it also galvanizes conservatives.

She is, in the characterization of conservative Hoover Institution scholar Peter Robinson, “committed to the originalist interpretation of the Constitution, with an extensive and brilliant written record, the correct gender, and has demonstrated the character, resolve and sheer cussed stubbornness to withstand the calumnies of the confirmation hearings.”

Justice Barrett also “helps Trump in the culture wars, especially on behalf of white Christians, and she’s based in the Midwest, where he needs to do well,” said Daniel Urman, a constitutional scholar at Boston’s Northeastern University. Indeed, Democratic Senator Dianne Feinstein of California helped ignite sympathy for Justice Barrett and for devout Catholics when she told Justice Barrett during her 2017 nomination hearings for the 7th Circuit Court of Appeals that “the dogma lives loudly within you.”

Story continues below advertisement

Ms. Feinstein concluded that “dogma lives loudly” phrase with the words “and that’s a concern.” But that phrase – swiftly seized upon by Catholic and conservative groups, appearing on T-shirts and coffee mugs – is an enormous advantage on the American right.

Our Morning Update and Evening Update newsletters are written by Globe editors, giving you a concise summary of the day’s most important headlines. Sign up today

Let’s block ads! (Why?)



Source link

Politics

New Brunswick Premier Blaine Higgs kicks off provincial election campaign

Published

 on

 

FREDERICTON – New Brunswick Premier Blaine Higgs has called an election for Oct. 21, signalling the beginning of a 33-day campaign expected to focus on pocketbook issues and the government’s provocative approach to gender identity policies.

The 70-year-old Progressive Conservative leader, who is seeking a third term in office, has attracted national attention by requiring teachers to get parental consent before they can use the preferred names and pronouns of young students.

More recently, however, the former Irving Oil executive has tried to win over inflation-weary voters by promising to lower the provincial harmonized sales tax by two percentage points to 13 per cent if re-elected.

At dissolution, the Conservatives held 25 seats in the 49-seat legislature. The Liberals held 16 seats, the Greens had three and there was one Independent and four vacancies.

J.P. Lewis, a political science professor at the University of New Brunswick, said the top three issues facing New Brunswickers are affordability, health care and education.

“Across many jurisdictions, affordability is the top concern — cost of living, housing prices, things like that,” he said.

Richard Saillant, an economist and former vice-president of Université de Moncton, said the Tories’ pledge to lower the HST represents a costly promise.

“I don’t think there’s that much room for that,” he said. “I’m not entirely clear that they can do so without producing a greater deficit.” Saillant also pointed to mounting pressures to invest more in health care, education and housing, all of which are facing increasing demands from a growing population.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon. Both are focusing on economic and social issues.

Holt has promised to impose a rent cap and roll out a subsidized school food program. The Liberals also want to open at least 30 community health clinics over the next four years.

Coon has said a Green government would create an “electricity support program,” which would give families earning less than $70,000 annually about $25 per month to offset “unprecedented” rate increases.

Higgs first came to power in 2018, when the Tories formed the province’s first minority government in 100 years. In 2020, he called a snap election — the first province to go to the polls after the start of the COVID-19 pandemic — and won a majority.

Since then, several well-known cabinet ministers and caucus members have stepped down after clashing with Higgs, some of them citing what they described as an authoritarian leadership style and a focus on policies that represent a hard shift to the right side of the political spectrum.

Lewis said the Progressive Conservatives are in the “midst of reinvention.”

“It appears he’s shaping the party now, really in the mould of his world views,” Lewis said. “Even though (Progressive Conservatives) have been down in the polls, I still think that they’re very competitive.”

Meanwhile, the legislature remained divided along linguistic lines. The Tories dominate in English-speaking ridings in central and southern parts of the province, while the Liberals held most French-speaking ridings in the north.

The drama within the party began in October 2022 when the province’s outspoken education minister, Dominic Cardy, resigned from cabinet, saying he could no longer tolerate the premier’s leadership style. In his resignation letter, Cardy cited controversial plans to reform French-language education. The government eventually stepped back those plans.

A series of resignations followed last year when the Higgs government announced changes to Policy 713, which now requires students under 16 who are exploring their gender identity to get their parents’ consent before teachers can use their preferred first names or pronouns — a reversal of the previous practice.

When several Tory lawmakers voted with the opposition to call for an external review of the change, Higgs dropped dissenters from his cabinet. And a bid by some party members to trigger a leadership review went nowhere.

This report by The Canadian Press was first published Sept. 19, 2024.

Source link

Continue Reading

Politics

New Brunswick Premier Blaine Higgs expected to call provincial election today

Published

 on

 

FREDERICTON – A 33-day provincial election campaign is expected to officially get started today in New Brunswick.

Progressive Conservative Premier Blaine Higgs has said he plans to visit Lt.-Gov. Brenda Murphy this morning to have the legislature dissolved.

Higgs, a 70-year-old former oil executive, is seeking a third term in office, having led the province since 2018.

The campaign ahead of the Oct. 21 vote is expected to focus on pocketbook issues, but the government’s provocative approach to gender identity issues could also be in the spotlight.

The Tory premier has already announced he will try to win over inflation-weary voters by promising to lower the harmonized sales tax by two percentage points to 13 per cent if re-elected.

Higgs’s main rivals are Liberal Leader Susan Holt and Green Party Leader David Coon, both of whom are focusing on economic and social issues.

This report by The Canadian Press was first published Sept. 19, 2024.

The Canadian Press. All rights reserved.

Source link

Continue Reading

Politics

NDP flips, BC United flops, B.C. Conservatives surge as election campaign approaches

Published

 on

 

VICTORIA – If the lead up to British Columbia‘s provincial election campaign is any indication of what’s to come, voters should expect the unexpected.

It could be a wild ride to voting day on Oct. 19.

The Conservative Party of B.C. that didn’t elect a single member in the last election and gained less than two per cent of the popular vote is now leading the charge for centre-right, anti-NDP voters.

The official Opposition BC United, who as the former B.C. Liberals won four consecutive majorities from 2001 to 2013, raised a white flag and suspended its campaign last month, asking its members, incumbents and voters to support the B.C. Conservatives to prevent a vote split on the political right.

New Democrat Leader David Eby delivered a few political surprises of his own in the days leading up to Saturday’s official campaign start, signalling major shifts on the carbon tax and the issue of involuntary care in an attempt to curb the deadly opioid overdose crisis.

He said the NDP would drop the province’s long-standing carbon tax for consumers if the federal government eliminates its requirement to keep the levy in place, and pledged to introduce involuntary care of people battling mental health and addiction issues.

The B.C. Coroners Service reports more than 15,000 overdose deaths since the province declared an opioid overdose public health emergency in 2016.

Drug policy in B.C., especially decriminalization of possession of small amounts of hard drugs and drug use in public areas, could become key election issues this fall.

Eby, a former executive director of the B.C. Civil Liberties Association, said Wednesday that criticism of the NDP’s involuntary care plan by the Canadian Civil Liberties Association is “misinformed” and “misleading.”

“This isn’t about forcing people into a particular treatment,” he said at an unrelated news conference. “This is about making sure that their safety, as well as the safety of the broader community, is looked after.”

Eby said “simplistic arguments,” where one side says lock people up and the other says don’t lock anybody up don’t make sense.

“There are some people who should be in jail, who belong in jail to ensure community safety,” said Eby. “There are some people who need to be in intensive, secure mental health treatment facilities because that’s what they need in order to be safe, in order not to be exploited, in order not to be dead.”

The CCLA said in a statement Eby’s plan is not acceptable.

“There is no doubt that substance use is an alarming and pressing epidemic,” said Anais Bussières McNicoll, the association’s fundamental freedoms program director. “This scourge is causing significant suffering, particularly, among vulnerable and marginalized groups. That being said, detaining people without even assessing their capacity to make treatment decisions, and forcing them to undergo treatment against their will, is unconstitutional.”

While Eby, a noted human rights lawyer, could face political pressure from civil rights opponents to his involuntary care plans, his opponents on the right also face difficulties.

The BC United Party suspended its campaign last month in a pre-election move to prevent a vote split on the right, but that support may splinter as former jilted United members run as Independents.

Five incumbent BC United MLAs, Mike Bernier, Dan Davies, Tom Shypitka, Karin Kirkpatrick and Coralee Oakes are running as Independents and could become power brokers in the event of a minority government situation, while former BC United incumbents Ian Paton, Peter Milobar and Trevor Halford are running under the B.C. Conservative banner.

Davies, who represents the Fort St. John area riding of Peace River North, said he’s always been a Conservative-leaning politician but he has deep community roots and was urged by his supporters to run as an Independent after the Conservatives nominated their own candidate.

Davies said he may be open to talking with B.C. Conservative Leader John Rustad after the election, if he wins or loses.

Green Leader Sonia Furstenau has suggested her party is an option for alienated BC United voters.

Rustad — who faced criticism from BC United Leader Kevin Falcon and Eby about the far-right and extremist views of some of his current and former candidates and advisers — said the party’s rise over the past months has been meteoric.

“It’s been almost 100 years since the Conservative Party in B.C. has won a government,” he said. “The last time was 1927. I look at this now and I think I have never seen this happen anywhere in the country before. This has been happening in just over a year. It just speaks volumes that people are just that eager and interested in change.”

Rustad, ejected from the former B.C. Liberals in August 2022 for publicly supporting a climate change skeptic, sat briefly as an Independent before being acclaimed the B.C. Conservative leader in March 2023.

Rustad, who said if elected he will fire B.C.’s provincial health officer Dr. Bonnie Henry over her vaccine mandates during the COVID-19 pandemic, has removed the nominations of some of his candidates who were vaccine opponents.

“I am not interested in going after votes and trying to do things that I think might be popular,” he said.

Prof. David Black, a political communications specialist at Greater Victoria’s Royal Roads University, said the rise of Rustad’s Conservatives and the collapse of BC United is the political story of the year in B.C.

But it’s still too early to gauge the strength of the Conservative wave, he said.

“Many questions remain,” said Black. “Has the free enterprise coalition shifted sufficiently far enough to the right to find the social conservatism and culture-war populism of some parts of the B.C. Conservative platform agreeable? Is a party that had no infrastructure and minimal presence in what are now 93 ridings this election able to scale up and run a professional campaign across the province?”

This report by The Canadian Press was first published Sept. 19, 2024.

Source link

Continue Reading

Trending

Exit mobile version