Senate Confirms Amy Coney Barrett 52-48 Eight Days Before Election, Creating 6-3 Conservative Supermajority

On October 26, 2020, the Senate confirmed Amy Coney Barrett to the Supreme Court by a vote of 52-48, installing her on the bench just eight days before the November 3 presidential election and while millions of Americans had already cast their ballots. Barrett’s confirmation created a 6-3 conservative supermajority on the Supreme Court—a majority that would overturn Roe v. Wade, grant sweeping presidential immunity, eliminate Chevron deference, and systematically dismantle progressive legal precedents for decades. The rushed 30-day confirmation process, occurring after McConnell had blocked Merrick Garland for 293 days in 2016, represented the completion of the most consequential judicial power grab in American history and exposed the utter hypocrisy underlying Republican claims about democratic legitimacy and Senate precedent.

The Vote: First Modern Nominee Confirmed Without Opposition Party Support

The October 26 confirmation vote was 52-48, with only Republicans voting yes. Barrett became the first Supreme Court nominee in the modern era to be confirmed without a single vote from the minority party—a reflection of how thoroughly partisan the confirmation process had become after McConnell eliminated the 60-vote filibuster in 2017. Senator Susan Collins of Maine was the only Republican to vote no, citing the proximity to the election, though her vote was symbolic given the Republican majority. The vote occurred at 7:52 PM, and immediately following the Senate vote, Justice Clarence Thomas administered the constitutional oath to Barrett in a White House ceremony—cementing the 6-3 conservative majority.

The Hypocrisy Timeline: 8 Days vs. 293 Days

The contrast between McConnell’s 2016 and 2020 actions laid bare the partisan hypocrisy underlying the judicial power grab:

2016: Scalia dies 293 days before election. McConnell: “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Garland blocked for entire 293 days.

2020: Ginsburg dies 46 days before election. McConnell: “We’re moving this nomination forward.” Barrett confirmed in 30 days, just 8 days before the election, with millions of votes already cast.

Senate Minority Leader Chuck Schumer characterized the confirmation as a “cynical power grab,” highlighting the stark reversal from Republicans’ 2016 rhetoric. No Republican senator objected to the hypocrisy or voted against Barrett based on McConnell’s own 2016 precedent. The message was clear: constitutional principles and Senate norms applied only when they served Republican power.

Creating the 6-3 Conservative Supermajority

Barrett’s confirmation created a 6-3 conservative supermajority that would reshape American law for generations:

• Three Trump appointees: Gorsuch (filling Garland’s stolen seat), Kavanaugh (confirmed despite sexual assault allegations), Barrett (rushed through before election)
• Majority appointed by presidents who lost popular vote: Five justices were appointed by presidents who lost the national popular vote (both Bush appointees, all three Trump appointees)
• Confirmed by senators representing minority of Americans: Due to the Senate’s structure giving equal representation to small and large states, the justices in the conservative majority were confirmed by senators representing a minority of the U.S. population
• Enabled by elimination of filibuster: Kavanaugh and Barrett’s confirmations were only possible because McConnell eliminated the 60-vote requirement in 2017

The Consequences: Roe, Immunity, Chevron, and Beyond

The 6-3 supermajority immediately enabled radical conservative decisions:

• Dobbs v. Jackson (2022): Overturned Roe v. Wade, eliminating the constitutional right to abortion
• Trump v. United States (2024): Granted sweeping presidential immunity from criminal prosecution
• Loper Bright v. Raimondo (2024): Eliminated Chevron deference, undermining federal regulatory authority
• West Virginia v. EPA: Limited EPA’s authority to regulate carbon emissions
• Systematic rollback of voting rights, labor protections, LGBTQ rights, and environmental safeguards

Barrett’s vote was decisive in many of these rulings, making her rushed confirmation directly responsible for the elimination of rights and protections millions of Americans relied upon.

Significance

The October 26, 2020 confirmation of Amy Coney Barrett just eight days before a presidential election—after McConnell blocked Merrick Garland for 293 days in 2016—completed the most consequential and hypocritical judicial power grab in modern American history. The 6-3 conservative supermajority created by Barrett’s confirmation was built on stolen seats (Gorsuch filling Garland’s seat), abandoned principles (McConnell’s reversal on election-year confirmations), and eliminated institutional safeguards (the filibuster). That majority was confirmed by senators representing a minority of Americans and included three justices appointed by a president who lost the popular vote twice and would be convicted of 34 felonies. The Court’s democratic legitimacy—already damaged by Bush v. Gore and Citizens United—collapsed entirely as it became clear the conservative majority existed solely because Republicans had abandoned constitutional norms and Senate precedent whenever those principles conflicted with partisan power. Barrett’s confirmation enabled the overturning of Roe, the expansion of presidential immunity to criminal conduct, and the systematic dismantling of federal regulatory authority—all outcomes that polling showed most Americans opposed but that the 6-3 supermajority could impose because the Court’s composition reflected partisan manipulation rather than democratic legitimacy or constitutional fidelity.