A Breath of Fresh Air

With the news media endlessly reporting what’s wrong with America – an out of control pandemic, social injustice, millions unemployed, violence in city streets – it was comforting to have the best of America on display for a couple of days last week.

It is an impressive accomplishment for any person to get a law degree from a prestigious university. To do so with such distinguished scholarship as to then become a teacher of the law places that person among the best of the best academically. After sixteen years as a law professor, and having become nationally recognized as among the finest, it is no small challenge (and risk) to leave the comforts of academia to serve as a federal district court judge. All the hard-earned scholarly credentials are put to a real-world test by the random nature of brand-new cases. Part and parcel to accepting this job is having to bare your soul in a Senate confirmation process. Making it through that wicket and performing so superbly over the next three years as to be considered in the top tier of all federal judges is extraordinary. To then be nominated, at the age of 48, to serve on the Supreme Court of the United States, where only four other women have served in the 231 year history of the country, you would think would be the peak of achievement in America. There’s more…

Remarkable as Judge Amy Coney Barrett’s accomplishments are, the fact that she achieved them while raising seven children, including one with special needs and two who are adopted, and maintaining a 21 year marriage, seems nearly impossible. We’ve all heard the term “American Spirit”. This term was born to describe the demonstrated ability of pioneering Americans to go above and beyond what is considered possible in pursuit of an awe-inspiring goal or service. That “spirit” is easily recognizable in Judge Barrett and was on display last week. Even if you don’t agree with her judicial philosophy, you have to appreciate the enormity of her achievements and the path she took in getting to that Senate confirmation hearing room (for the 2^nd time).

There is an odd comfort to watching and listening to someone who is obviously the smartest person in a room being challenged by others of supposedly lofty wisdom and importance. We tend to always root for the underdog in these circumstances (the one being challenged), but only rarely does the underdog actually win the battle. In this case, it was clear within the first five minutes the underdog was going to win. And it wasn’t just because Judge Barrett had enough votes in the bag or that Lindsey Graham and Mitch McConnell were committed to a strict timeline for confirmation. Judge Barrett radiated a confidence, intellect, humility, and patience that immediately put all 22 Senators in the Senate Judiciary Committee on notice. She had most of her large family sitting behind her the whole time. She was confident of their poise and had no fear that they would be intimidated or embarrassed by what they were about to hear.

Notably, Judge Barrett wore a COVID mask at the appropriate times and without any objection or fanfare. Every committee member knew Judge Barrett had already contracted and recovered from COVID-19 in mid-summer and was no longer able to give or get the virus. It didn’t matter that her wearing a mask was medically pointless. She coolly played the game without allowing her own COVID experience to influence the proceedings in any way.

She thoughtfully and methodically answered questions and explained complex legal constructs simply and clearly when asked. Most refreshingly, her answers were progressions of logical reasoning, not a memorized script or emotional reaction. She was cognizant of how current events may be “charging” the moment but did not allow those events to affect her answers (much to the chagrin of several Senators). Her thought processes were clearly motivated by the clarity of mind that comes from adhering to the original text of the law. That clarity, and the calming effect it produces, projected directly through to the listener. It was a welcome respite from the mental turmoil constantly promulgated by the news media.

It quickly became obvious there was a large gap in the level of brainpower between Judge Barrett and all the other Senators in the room. This was a double-edged sword. The Judge had to be careful not to overplay her expertise or appear condescending. At the same time, she had to prove she was competent on every question. She threaded this needle perfectly. She was disarming in her manner and considerate of Senators’ time by giving concise answers. However, she also subtly revealed her complete grasp of the subject matter by instantly recalling details of cases any Senator mentioned in a question. She did this effortlessly while making scarce use of the conspicuous notepad in front of her. In addition, she appeared interested and respectful to every Senator, regardless of the slant of their questions. That included Senator Mazie Hirono who decided it was vital to ask Judge Barrett if she had ever “made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature”. We’ve learned never to expect anything more scholarly from Senator Hirono.

We have to admit that we watched these hearings in anticipation of some manufactured lightning bolt striking the proceedings and derailing them as occurred with Justice Kavanaugh. Thankfully, that never happened. We know it’s not over yet – there are still many more parts of the confirmation process to get through. But while the Senate Democrats may try parliamentary tricks to delay the process, we don’t think they have a scheme of personal destruction up their sleeve like they did for Justice Kavanaugh.

Judge Barrett simply brought too much goodness to the table for any villifier to overcome. Her credentials, her family, her temperament, and most obviously, her proficiency in law and judicial proceedings was front and center and genuine in every way. It was too high of a mountain for the Democrats to climb to try and discredit her. We think they realized this early on which is why they used so much of their time to simply attack general conservative positions (as well as President Trump) rather than interacting with Judge Barrett.

Judge Barrett deserves no less support from the full Senate than that which Justice Ginsberg received. Yes, they have different judicial philosophies, but their character, scholarship, and qualifications for the position are equivalent in every way. The 1993 Senate voted 96-3 to confirm Justice Ginsberg. That included 44 Republicans who valued Ginsberg’s character and qualifications as paramount to the court despite those same Senators’ preference for a Justice having a different judicial philosophy.

Of course, we know the popular excuse for a vote against Judge Barrett is that the nomination is too close to the election. This is pure misdirection. Any objective analysis shows that there is overwhelming historical precedent for nominating and confirming Supreme Court Justices in an election year when the same party is in control of both the Senate and the Presidency. This excuse is nothing more than a smokescreen for cowards who are incapable of justifying a vote against Judge Barrett on the merits of her qualifications. It is especially cowardly of Republican Senators Susan Collins and Lisa Murkowski, both of whom plan to use this excuse to vote against Judge Barrett even though they agree with her judicial philosophy. Playing petty politics with their vote is more important to them than supporting a Supreme Court nominee from their own party with a brilliant legal mind, impeccable qualifications, and true American spirit. Shameful.

We don’t know how the confirmation process will ultimately turn out. Regardless, it was truly refreshing last week to see that despite everything else going on in the country, America is still capable of producing a person as exceptional as Judge Barrett. Even if by some fluke she does not get confirmed to the Supreme Court, we know she will not stop achieving and will continue to be a splendid example of the American Spirit.