​​​​​​​Asian Americans Advancing Justice Condemns Move to Nominate Judge Amy Coney Barrett to The U.S. Supreme Court Before the Election

The American People Deserve A Voice in Next SCOTUS Appointment
For Immediate Release
Michelle Boykins 202-296-2300, ext. 0144 mboykins@advancingjustice-aajc.org
Mary Tablante 202-296-2300, ext. 0114 mtablante@advancingjustice-aajc.org

WASHINGTON, D.C. — U.S. Circuit Court Judge Amy Coney Barrett was nominated by President Trump this afternoon to the Supreme Court of the United States, intending to fill the vacancy left by the passing of Supreme Court Justice Ruth Bader Ginsburg one week ago. Asian Americans Advancing Justice opposes this nomination because she has a track record of harmful decisions affecting the Asian American and Pacific Islander communities.

Asian Americans Advancing Justice, an affiliation of five independent Asian American civil rights organizations, issues the following statement in response to this nomination:

“Our rights, our lives, and our democracy are at stake in the nomination of the next Justice for the U.S. Supreme Court. To appoint someone who could potentially spend the next 30 years on the court, Congress should take more than 30 days to vet and confirm a potential Supreme Court Justice.

Judge Barrett has expressed disregard for judicial precedent that would put at risk the hard fought and won rights of our communities, including reproductive rights, LGBTQ rights, immigrant rights, and other critical civil rights of communities of color. 

Judge Barrett is wrong for the bench and wrong for the American people for several reasons, including:

  • Barrett’s confirmation would threaten the health of millions of people as the Court is considering a challenge to the Affordable Care Act in which she has made clear she will invalidate. The Affordable Care Act provides health care options to millions of Americans, including two million Asian Americans and Pacific Islanders, who have or will undoubtedly need that act during a global pandemic.

  • Barrett consistently rules against immigrants seeking relief from deportation. She cast the deciding vote permitting the deportation of a lawful resident who resided in the United States for 30 years. As the dissent noted, the law banishing him may violate equal protection under the Fifth Amendment’s Due Process clause.

  • Barrett favored the “public charge” rule and said it was lawful and should be upheld. It is a rule that denies immigrants permanent residence if they received any form of public assistance, including Medicaid or food stamps, for more than 12 months in a three-year period, even though Congress has made these benefits available to them.

The nomination of a new Supreme Court Justice should wait until after the Presidential Election and the inauguration. Given that people are already voting, and Election Day is less than 40 days away, the American people should choose the next president who in turn should choose Justice Ginsburg’s replacement. Anything else is undemocratic. We want a Supreme Court that works for all of us. We will fight for that Court.”