Dear Judge Barrett,
We write to you as fellow faculty members at the University of Notre Dame.
We congratulate you on your nomination to the United States Supreme Court. An appointment to the Court is the crowning achievement of a legal career and speaks to the commitments you have made throughout your life. And while we are not pundits, from what we read your confirmation is all but assured.
That is why it is vital that you issue a public statement calling for a halt to your nomination process until after the November presidential election.
It’s not unusual for a judicial nominee to be evasive about how they would rule in an upcoming case about a “hot button” culture war issue. But Barrett was evasive about things that should never be up for debate. Senator Cory Booker asked her whether a president should commit to the peaceful transfer of power—Barrett wouldn’t answer. Senator Diane Feinstein asked her if a president could unilaterally delay a general election—Barrett wouldn’t answer. Senator Amy Klobuchar asked her if voter intimidation was illegal—Barrett wouldn’t answer. And when Klobuchar followed up with the actual federal statute prohibiting voter intimidation, Barrett still wouldn’t say that voter intimidation is illegal.
These were softball questions. It takes nothing for a nominee to support the basic concept of the rule of law. It takes nothing for a judge to say, “That statute, which you just read to me, is good law, Senator.” The fact that Barrett wouldn’t do so is probably why Trump is so eager to put her on the Supreme Court before the current election.