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The Last Best Hope for Supreme Court Liberals: Amy Coney Barrett

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Supreme Court Justice Amy Coney Barrett has emerged as a surprising figure in the polarized environment of the current Court, one that liberals on and off the bench are looking to as a potential counterbalance to the conservative majority. As the only former law professor among the Court’s right-wing bloc and its sole female member, Barrett stands apart in more ways than one.

What makes Barrett particularly intriguing is her distinct background. Unlike the other conservative justices, she never served in a high-level Republican administration, which gives her a more independent voice on the bench. While her judicial philosophy aligns with the right on many major issues, including abortion, affirmative action, and executive power, her more methodical and analytical approach has led some liberals to see her as a potential ally in securing a more moderate judicial consensus.

Since her appointment in 2020, Barrett has been closely watched by both liberals and conservatives. On the one hand, she has cast votes with the conservative majority in significant cases like Dobbs v. Jackson (overturning Roe v. Wade), New York State Pistol & Rifle Association v. Bruen (expanding gun rights), and Students for Fair Admissions v. Harvard (striking down affirmative action). On the other hand, her nuanced legal reasoning and willingness to engage with both sides of a case have earned her a reputation as a potential voice of moderation.

Barrett’s approach to legal interpretation is rooted in originalism and textualism, following in the footsteps of the late Justice Antonin Scalia. But her willingness to challenge her conservative colleagues on methodological grounds—such as in her disagreements with Justice Thomas over historical analogies—sets her apart. In cases like student loan forgiveness and agency powers, Barrett has voiced concern over the overreach of executive authority, aligning with more moderate perspectives.

While Barrett’s votes have overwhelmingly favored conservative positions, her engagement with the left on legal doctrine and her occasional departures from the far-right bloc make her a critical figure. She has even worked alongside liberal justices during oral arguments, with Justice Sotomayor and Justice Kagan frequently referring to Barrett’s questions to support their own arguments. This kind of cross-ideological dialogue, though not always resulting in alignment on the final decision, suggests that Barrett could serve as a bridge in an increasingly divided Court.

Despite this, Barrett remains firmly within the conservative fold on most cultural issues, and her votes continue to uphold conservative priorities. In her most recent opinions, she joined with the conservative majority in curbing the powers of federal agencies and bolstering protections for religious freedoms. Nevertheless, her more cautious approach to certain cases, such as the Idaho abortion ban, reveals a potential willingness to temper her conservative inclinations in pursuit of a more balanced outcome.

Barrett’s impact on the Court is still evolving. As her tenure progresses, her role as a potential moderator may become more pronounced, especially as the country navigates a new phase of political polarization. While she is not expected to dramatically shift the Court’s ideological composition, her legal rigor and willingness to engage in cross-ideological dialogue could help mitigate some of the Court’s more contentious decisions.

 

Black Women’s Maternal Health Crisis Gains Attention as Advocates Push to Make It an Election Issue

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In 2015, Francisca Shaw was undergoing an emergency cesarean for her third child at the University of Washington Medical Center when she felt something was terribly wrong. “I remember I told my doctor when I was getting cut: ‘I can’t breathe,'” Shaw recalls, but her concerns were dismissed. Shaw’s uterus ruptured during the procedure, leading to heavy bleeding, a hysterectomy, and cardiac arrest. She spent three weeks in the hospital. While the medical center did not comment on her case due to privacy laws, Shaw’s story highlights the critical maternal health crisis Black women face in the U.S.

Now, advocates are working to raise awareness of this crisis ahead of the November 5 election, drawing attention to the disparities Black women face in pregnancy and maternal health. These efforts aim to address not only higher rates of complications and deaths during pregnancy but also increased rates of certain cancers. Despite public opinion surveys showing that inflation and the economy rank higher as priorities for Black women, reproductive health issues are becoming a central part of voter mobilization efforts.

Kamala Harris, the Democratic candidate for president, has made abortion rights a key part of her platform, accusing Republican Donald Trump of contributing to the maternal health crisis by supporting abortion restrictions. Activists working for reproductive justice have focused on the broader issue of systemic healthcare inequities, beyond just abortion, seeking to spotlight disparities in maternal mortality and reproductive health care for Black women.

Black women account for 13% of the female population in the U.S., but they represented 41.5% of abortions in 2021, according to recent data. They are also three times more likely than white women to die from pregnancy-related causes, according to the Centers for Disease Control and Prevention (CDC). In Georgia, where Black people make up 31% of the population, the state has one of the highest maternal mortality rates in the country. Nearly 16% of women in Georgia have to travel more than 30 minutes to reach a hospital for delivery.

These disparities are driven by chronic conditions like cardiovascular disease and hypertension, as well as structural racism, implicit bias in healthcare, and limited access to quality care, according to health experts and the CDC. Leah Wright Rigueur, a professor at Johns Hopkins University, explained that the landscape for Black women’s reproductive health has worsened in the past few years due to abortion restrictions, making it harder to access emergency care in cases of pregnancy complications.

In Our Own Voice, a coalition of eight reproductive justice organizations, has spent $2 million on outreach efforts, including digital ads and mailers, to inform voters about abortion access and maternal health. They have targeted battleground states, including those where abortion is on the ballot in November. While Kamala Harris’s campaign has focused more on abortion access than maternal health specifically, her record includes sponsorship of the 2020 Momnibus Act, which aimed to expand access to prenatal and postpartum care for mothers and address health disparities.

Black maternal health has also become a central issue in Georgia, a battleground state with strict abortion laws. Two recent deaths of Black mothers, Amber Thurman and Candi Miller, were tied to complications from medication abortions, which Harris referenced during a campaign stop in Atlanta. Voter mobilization efforts, led by groups like the Feminist Women’s Health Center, are highlighting these issues, underscoring the passion for reproductive justice in Georgia.

As advocates push for greater attention to maternal health disparities, the upcoming election offers a critical moment to bring these life-threatening inequities to the forefront of national discussions.

5 Things to Watch for at the Vice Presidential Debate

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The highly anticipated vice presidential debate between Democrat Tim Walz and Republican JD Vance is set to take place Tuesday night. As the only debate between the vice presidential candidates for the 2024 election, this face-off could be the last time the two campaigns clash onstage. Hosted by CBS News in New York without a live audience, the debate is expected to be intense as both candidates look to reinforce their ticket’s message. Here are five key things to watch for:

1. The Coach vs. The Ex-Pundit Walz and Vance both come from Middle America and have well-crafted political personas. Walz, the 60-year-old Minnesota governor, brings his background as a high school teacher and assistant football coach to the debate stage, emphasizing his grassroots appeal. Vance, a 40-year-old Ohio senator, is a Marine veteran and author of a best-selling memoir about Appalachian family values. He’s likely to highlight his journey from Trump critic to supporter. Both will attempt to connect with voters in swing states by showcasing their authenticity and Middle America roots.

2. Abortion and Family Issues Expect abortion rights to be a key issue during the debate. Walz, representing the Democratic stance, has framed the debate around personal freedom and reproductive rights. Vance, who has taken a more conservative stance on abortion, has portrayed Walz as extreme on the issue, particularly attacking Walz’s signing of a law in Minnesota that allows late-term abortions. This will likely be a heated point of contention as both candidates try to appeal to women and young voters.

3. Which Version of Walz Will Show Up? Walz rose to national attention with sharp criticisms of Trump and his allies, branding them as “weird” in TV interviews. However, since being selected as Kamala Harris’ running mate, he has been relatively quiet. Whether he takes a more aggressive or restrained approach in the debate will be crucial in determining his effectiveness. Will he channel the energy that brought him to the ticket, or will he play it safe in front of a national audience?

4. Walz’s Military Record Under Scrutiny Vance has previously attacked Walz’s military service, accusing him of overstating his record and trying to avoid combat during his time in the Minnesota National Guard. Walz has admitted to misspeaking but insists he never falsely claimed to have been in combat. Vance is expected to continue pressing this issue, potentially forcing Walz to defend his record onstage.

5. Vance and the Springfield, Ohio Controversy Vance and Trump have faced criticism for making unsubstantiated claims about immigrants in Springfield, Ohio, accusing Haitian migrants of abducting pets. While these claims have been debunked, Vance has doubled down on the rhetoric, framing it as a broader critique of the Biden administration’s immigration policies. Expect Walz to bring up Vance’s controversial statements in an attempt to discredit him, while Vance will likely use it to keep immigration front and center in the debate.