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Is the Nomination of Amy Coney Barrett Unconstitutional?

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Is the Nomination of Amy Coney Barrett Unconstitutional?
Supreme Court nominee Judge Amy Coney Barrett testifies before the Senate Judiciary Committee on the third day of her Supreme Court confirmation hearing on Capitol Hill in Washington on Oct. 14, 2020. Anna Moneymaker-Pool/Getty Images
Rob Natelson
Updated:
Commentary

On Oct. 10, Democratic presidential nominee Joe Biden claimed that nominating and potentially approving Judge Amy Coney Barrett for the Supreme Court during election season was “not constitutional.”

Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor who is senior fellow in constitutional jurisprudence at the Independence Institute in Denver, authored “The Original Constitution: What It Actually Said and Meant” (3rd ed., 2015). He is a contributor to The Heritage Foundation’s “Heritage Guide to the Constitution.”
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