If Senate Republicans hastily confirm Judge Barrett in the middle of an election, when a clear majority of Americans would prefer that Congress focus on the nation’s economy, the court's legitimacy will be put in jeopardy, write two former court clerks.
Must confess I simply don't get this common argument. The Court's perceived "legitimacy" is important because otherwise people won't abide by its judgments? Really? Of course they will--as they always have, even when the Court's reputation was abysmal.
Alexa. Show me an example of a public institution facing challenges to its legitimacy as the gap between its manifest and latent function becomes more pronounced in public view.
A strong and fair argument by 2 former Supreme Court clerks about Judge Amy Coney Barrett's confirmation:
The issue is process and the legitimacy of the Least Dangerous Branch, not the nominee.
"We worry that a large swath of the nation, told a Democrat can’t fill a vacancy in an election year but a Republican can, will dismiss the court as yet another partisan body."