By Todd Lassa

Precisely one week before Election Day, Chief Justice John Roberts administered the judicial oath to Amy Coney Barrett allowing her to take her seat on the U.S. Supreme Court. Late Monday, Justice Clarence Thomas administered the Constitutional oath to his new colleague shortly after the Senate confirmed Barrett by a vote of 52-48, Republicans in favor and Democrats opposed, One Republican, Susan Collins of Maine, who is fighting for her political life in her re-election bid, voted against Barrett. 

Justice Barrett starts work at the Supreme Court immediately, not a moment too soon for Republicans. The court, with Barrett now the sixth justice nominated by a Republican president and part of a potential five-justice majority with Chief Justice Roberts the swing vote, may soon decide challenges to the Obama administration’s Affordable Care Act, Trump administration executive orders on immigration policy, same-sex couples’ rights and the U.S. Census. The court is also expected to soon decide an effort by Trump’s lawyers to block the release of the president’s financial records to a Manhattan grand jury. 

There is also the likelihood the Trump re-election campaign will challenge Nov. 3’s results if Democratic candidate Joe Biden wins the electoral college. 

There is already election-related roiling in the courts, Pennsylvania Republicans wanted to block an extension to counting mail-in votes. The court rejected it without comment, so it may be refiled within the next few days. 

The court also rejected a case brought by Wisconsin Democrats who wanted to extend the deadline to count mail-in ballots.

The counterpoint to such apparent setbacks to the Democratic Party’s efforts to increase voter turnout and potentially win a majority of the Senate, as well as take back the White House, is that anti-abortion voters who are moderate or liberal on other issues may consider their goal achieved, and therefore may choose to not vote for President Trump next Tuesday. 

As if to counter that irony, Rep. Alexandria Ocasio-Cortez on Tuesday called on Biden to expand the court beyond nine justices if he wins the presidency. Biden so far has refused to commit to “packing the court” as an obvious effort to keep the issue off the Nov. 3 ballot. The former vice president said in the Oct. 22 presidential debate that he would establish a commission to consider the option.

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