Sens. Kyrsten Sinema, Martha McSally split along party lines on Supreme Court justice vote

Supreme Court nominee Amy Coney Barrett on Sept. 26, 2020, in Washington, D.C.

 (Photo: Olivier Douliery/AFP via Getty Images)

Sens. Kyrsten Sinema, D-Ariz., and Martha McSally, R-Ariz., split along party lines in their votes to confirm Judge Amy Coney Barrett’s lifetime appointment to the Supreme Court and solidify a 6-3 conservative majority that could influence American policy for a generation.

After an overnight debate Sunday that stretched into Monday, the Senate voted 52-48 to formally install Barrett over the objections of Democrats, many of whom wanted the Republican-controlled Senate to take up the nomination after the Nov. 3 election.

Barrett will succeed liberal Justice Ruth Bader Ginsburg, who died in September. 

Sinema, a moderate Democrat, voted against Barrett’s nomination. 

She did not elaborate further on her statement ahead of Monday’s official vote. Sinema, in a statement posted to Twitter on Sunday, said: “It is the duty of all federal judges to consistently apply the Constitution and laws to protect the fundamental rights of all Americans. After watching the Senate Judiciary Committee confirmation hearings, reading Judge Barrett’s legal opinions and scholarly writings, and speaking with her directly, I am concerned bout Judge Barrett’s inconsistent views on legal precedent, and how those inconsistencies impact her obligation to interpret and uphold the rule of law.”

McSally, who overwhelmingly votes with Republicans and supported President Donald Trump’s nomination of Barrett since he first announced her as his pick, voted to confirm her. 

In a statement shortly after the vote, McSally said she believed Barrett will uphold the Constitution. 

“Judge Barrett will faithfully interpret the Constitution and laws as written rather than legislate from the bench or impose her personal preferences on Americans,” McSally said in a statement. “She has demonstrated unequivocally that she is a brilliant, fair jurist who will bring a stellar judicial temperament to the bench. Judge Barrett’s story is a great reminder that anyone in our country can grow up and achieve their dreams if they put in the time and work.”

As someone who ascended in a male-dominated field, McSally, the first female combat pilot, said she was excited to see Barrett take her seat on the high court. 

McSally is scheduled to attend Barrett’s swearing-in ceremony Monday night at the White House. That event comes amid another outbreak of the coronavirus at the White House, this one involving staff members for Vice President Mike Pence. 

Barrett’s confirmation underscores a major difference McSally has with Democrat Mark Kelly. Kelly had said the Senate should not vote on a Supreme Court nominee until after the election.

With her vote, Kelly said in a statement Monday night that McSally has supported someone who could undermine protections for Arizonans with preexisting medical conditions.

Democrats worry Barrett and other more conservative justices will upend the health care of millions of Americans through a ruling on a challenge to the Affordable Care Act. 

“Senator McSally just jammed through a lifetime appointment to the Supreme Court who will vote to eliminate protections for Arizonans with pre-existing conditions. She did it instead of passing COVID relief to help Arizonans get through this crisis, and she did it days from an election in which 1.5 million Arizonans have already voted,” Kelly’s statement said.

He accused McSally and the Senate of prioritizing Barrett’s confirmation over the COVID-19 pandemic and noted that thousands of unemployed Arizonans are struggling to make ends meet through Arizona’s $240-a-week maximum in state unemployment benefits.

“Tomorrow, Arizonans out of work will still be trying to get by on $240 per week, struggling small business owners will still be on their own, and we’ll be no closer to a national strategy to contain the virus,” his statement said. “Everything about this process shows just how broken Washington is and exactly why Arizonans are voting for change.”

Have news to share about Arizona’s U.S. senators or national politics? Reach the reporter on Twitter and Facebook. Contact her at yvonne.wingett@arizonarepublic.com and 602-444-4712.

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