On Thursday, Senate Republicans pushed ahead with the process of confirming President Trump's court candidate Amy Coney Barrett, despite outcry from Democrats and nationwide protests.

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Graeme Sloan / Sipa USA / SIPA

This Thursday, the twelve elected Republicans of the Senate Judiciary Committee voted to transmit the file of Amy Coney Barrett to the entire upper house of Congress with a "favorable" opinion.

This procedural vote paves the way for a final vote in plenary.

"It's a great day for America," tweeted Donald Trump, who is banking on the appointment of this 48-year-old magistrate, a fervent Catholic, mother of seven and opposed to abortion, to galvanize voters in the religious right.

But for Democratic Senator Kamala Harris, running mate of her Democratic rival Joe Biden, "this nomination process is a shame."

Like her nine Democratic colleagues on the judicial commission, she therefore shunned the vote on Thursday.

Large photos were placed on their seats of Americans who they said could lose health coverage if Judge Barrett is upheld. 

Not very favorable to the "Obamacare" program

The Supreme Court is due to examine on November 10 an appeal against the emblematic law of former President Barack Obama on health insurance, "Obamacare", on which the judge has expressed reservations in the past.

During the three days of his hearing last week, Democrats focused their attacks on this theme, which allowed them to shoot arrows at Donald Trump's handling of the pandemic and resonate with the main message. campaign campaign by Joe Biden.

They also pressed the magistrate with questions on several hot topics, including the right to abortion, the carrying of weapons or the protection of the environment.

Careful, she dodged without revealing herself.

A final vote on Monday

For lack of other levers, the Democrats, a minority in the Senate, finally opted for the policy of the empty chair.

"This is the most hasty, partisan and least legitimate confirmation process for a Supreme Court judge in history," said their leader Chuck Schumer.

"It's their choice, mine is to vote," retorted the head of the judicial commission Lindsey Graham, a close friend of Donald Trump, who praised the magistrate: "a giant" of law.

The Senate will meet in the hemicycle on Friday to discuss his candidacy.

Anxious to go quickly, its leader Mitch McConnell aims for a final vote on Monday, eight days before the election.

Despite the announced defection of two elected Republican officials, Lisa Murkowski and Susan Collins, Judge Barrett should obtain the green light from the Senate, essential according to the Constitution.

She would then replace the progressive icon Ruth Bader Ginsburg, who died on September 18 at the age of 87, and consolidate the conservative majority in the Supreme Court (six out of nine judges).

A judicial system "out of control"

Its probable confirmation revived an idea that has been circulating on the left for several months: to create new seats in the high court to counterbalance the influence of the three magistrates appointed by Donald Trump.

Unfavorable to this option during the Democratic primaries, Joe Biden leaves room for doubt.

In front of CBS cameras, he suggested an alternative to reform a judicial system that he said had become "out of control". 

"If I am elected, I will set up a national commission, composed of members of both parties" and responsible for making "recommendations within 180 days on a reform of the courts", he said, according to extracts from this interview broadcast Thursday.

"It is not a question of increasing the number of judges", he assured.

"There are many other options under debate."

More than 200 magistrates appointed since 2016

Beyond Supreme Court positions, Republicans used their Senate majority to uphold conservative judges in all federal courts. 

More than 200 magistrates have been appointed since the election of Donald Trump, a large majority of whom are very young, which should leave a lasting mark on the country's judicial system.

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