Understand Judge Amy Coney Barrett's stance on racism.
Happy Thursday! Today I'm analyzing the Senate confirmation hearings and parsing out Judge Amy Coney Barrett's position on racism. I'm quite (un)surprised by her thoughts on the judicial system's responsibility to racial equity – give me a read and let me know your thoughts.
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TAKE ACTION
Contact your senator and tell them there should be no vote on any Supreme Court nominee before January
Stay informed on the issues discussed during the confirmation hearings
Continue to recognize how racism affects the disproportionate impact of significant court decisions
GET EDUCATED
By Nicole Cardoza (she/her)
This week, the Senate holds confirmation hearings for Judge Amy Coney Barrett, who was nominated as the next Supreme Court justice appointment. As you watch, be sure to listen for how her confirmation may impact how the U.S. responds to this racial reckoning for decades to come.
The most divisive aspect of Judge Amy Coney Barrett’s potential appointment is abortion. During the confirmation hearings, Judge Barrett has evaded giving a straightforward answer on how she will approach Roe v. Wade during her appointment (The Atlantic). But we do know that Trump vowed to appoint justices who'd vote to overturn it. Anti-abortion advocates are celebrating both him and Judge Barrett. And in her past work, Judge Barrett has cast votes opposing rulings that struck down abortion-related restrictions (Reuters).
Although abortion may feel like a separate issue when analyzing the significant factors at play in this election, it’s not. The right to abortion affects everyone but disproportionately impacts communities of color. We need to remember that race is a critical component of reproductive justice. In fact, because the abortion movement has historically been a white-led movement, it’s easy to dismiss how many people of color are impacted by these decisions. Read more in a previous newsletter >
A study in 2008 found that abortion rates for Black women are almost 5x that for white women. The abortion rate among Hispanic women is 2x that for white women. A more accurate statistic for understanding the likelihood of abortion is the number of unintended pregnancies, which is also disproportionately higher for women of color (Guttmacher). Much of this is attributed to difficulties communities of color may face in accessing high-quality contraceptive services, one of many health disparities that affect our maternal health and reproductive rights. Many states with a high population of communities of color have greatly restricted abortion access. Explore a state-by-state map via Planned Parenthood >
Another urgent issue on hand is the Affordable Care Act. The Supreme Court is currently set to review the act on November 10th, just a week after the election. Democrats believe that Republicans are rushing the nomination through so that Judge Barrett would be on the court to rule against it (NPR).
Ending the Affordable Care Act would impact millions of people and have devastating consequences amid an economic downturn and global pandemic. The 133 million Americans with pre-existing health conditions may be turned away from other forms of care or be forced to pay high premiums. An additional 9 million could lose access because of the loss of federal subsidies that make accessing it affordable. Twelve million more adults could lose Medicaid coverage. You can read a more comprehensive breakdown in the NYTimes.
These initiatives worked to decrease coverage disparities between white communities and communities of color. The difference between Black and white adult uninsured rates dropped by 4.1 percentage points, while the difference between Hispanic and white uninsured rates fell 9.4 points since the ACA went into effect. Also, Black adults living in states that expanded Medicaid report coverage rates and access to care measures as “good as” or “better” than what white adults in non-expansion states report (The Commonwealth Fund). Although the ACA is far from perfect, it’s unclear what the future will look like if it’s disbanded, particularly a week after an election.
When asked about race directly during the confirmation hearing, Judge Barrett stated that she thinks “it is an entirely uncontroversial and obvious statement, given as we just talked about the George Floyd video, that racism persists in our country”. But she also said that she believes "making broader diagnoses about the problem" is up to lawmakers, not judges (NPR). But that doesn’t sit well with me. If you read our newsletter, you’ll note that major Supreme Court decisions influence systemic issues upholding racism and oppression in our society. We’ve outlined “Milliken v. Bradley” and its impact on school funding disparities. We discussed how the verdict of “Monroe v. Pape” and how the Supreme Court’s revision in 1982 defined qualified immunity. And we’ve analyzed how the ruling on “Shelby County v. Holder” makes it difficult for people to vote in this upcoming election.
This isn’t meant to downplay the historical significance of major laws written into effect that, too, have changed the course of racial equity. But the power of our judiciary system needs to be wielded alongside policy to ensure that laws are implemented and enforced.
Supporters of Judge Amy Coney Barrett will emphasize that Barrett cannot be racist because she has two adopted Black children from Haiti (Washington Post). But having Black children doesn’t mean that Judge Barrett will vote against racist policies. And, more broadly, having Black children – or being in proximity to any Black person – doesn’t mean that people still can’t have racist values, beliefs, or behaviors. Judge Barrett emphasized that she wept along with her children while watching the George Floyd video. But that does not seem to shift her views of the court’s responsibility court to take action (Politico). Remember that proximity to communities of color does not ensure their protection. Read more in our newsletter on playing the “friend card” and our follow-up Study Hall question on playing the “family card” >
Also, note how often people justify Judge Barrett’s empathy not by her voting history, but because she is a mother. Regardless of her children’s race, it’s far too common that women are valued by their contributions to family rather than their work ethic. As we continue to unpack the intersectionality of race, gender, and other identities, consider how voters’ depiction of Judge Barrett as a woman skews their perception of her work. In addition, consider how “being a good mother” is wielded as a defense for any racist rhetoric, which is often used to bypass harm inflicted by white women.
As the confirmation hearings continue to unfold, watch for more conversations on critical issues regarding racism, including immigration and the environment. But remember that racism, not race, causes the disparities in how these decisions impact communities of color. We deserve a judge that holds the judiciary system accountable for how racism will affect rulings on some of the most critical decisions in our future.
KEY TAKEAWAYS
The Supreme Court nominee Judge Amy Coney Barrett holds a generally conservative view, which can negatively impact communities of color
The most critical decisions Judge Amy Coney Barrett may make in her appointment need to be analyzed with the lens of how racism persists in the U.S.
The U.S. Justice system has greatly influenced racial equity throughout history – and will continue to do so
An individual's oroximity to Blackness – and other people of color – does not mean that person isn't racist
RELATED ISSUES
9/20/2020 | Make the justice system more diverse.
7/6/2020 | Abolish qualified immunity.
7/2/2020 | Remove police from our public schools.
8/7/2020 | Don't play the friend card.
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