CONFIRM AMY CONEY BARRETT

October 13, 2020

Senator Michael Bennet Senator Cory Gardner 261 Russell Senate Office Building 354 Russell Senate Office Building Washington, D.C. Washington, D.C.

Dear Senators Bennet and Gardner:

As the co-chairs of the Colorado Confirm Amy effort, we urge you to support proceeding with Judge Amy Coney Barrett’s confirmation hearing and U.S. Senate floor vote.

There is no question that under the Constitution, President Donald J. Trump has the right to make this nomination. Doing so is one of the responsibilities of his office. Article II, Section 2 is very clear, the President, “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint... Judges of the Supreme Court”. Indeed, at no time in our nation’s history has a President failed or refused to nominate a replacement to fill a vacancy on the Supreme Court.

The precedent regarding Supreme Court nominations in the final year of a President’s term is based on routine politics: if the presidency and the senate are controlled by the same party, nominations are confirmed; when they are controlled by different parties, the majority of nominations are not confirmed. Confirming Judge Barrett would be consistent with longstanding precedent.

The bottom line is this: Judge Barrett is highly qualified. Her record was thoroughly scrutinized during her first confirmation hearing to serve on the U.S. Court of Appeals for the Seventh Circuit. In the intervening years, she has added to that record. We trust that the Senate Judiciary Committee will vigorously review her new written opinions, providing the thorough and transparent vetting the American people deserve.

We also believe that it is important that Judge Barrett’s confirmation occurs before the election.

There is sufficient time. Many Justices, including Justice John Paul Stevens and Justice Sandra Day O’Connor had confirmations in less time than what is available now. Justice Ruth Bader Ginsburg’s confirmation took 42 days. Should Judge Barrett’s record and testimony be satisfactory, we believe the Senate should move forward expeditiously to confirm this highly qualified nominee before the election.

The Congress and the President retain authority to act until the ends of their terms. They may, for instance, pass a multi trillion-dollar spending bill in December. That spending bill carries the same authority as it would have if they had passed it in September.

Colorado Co-Chairs: Confirm Amy Coney Barrett Page 1 of 2 October 13, 2020

This period after the election is often referred to as a “lame duck” period. We urge you to vote on confirmation before the election so that, if she is confirmed, Justice Barrett will not be referred to as a “lame duck justice”. She deserves better than that, the Court deserves better than that, and the American people deserve better than that.

Sincerely,

Jane Norton Gale Norton Former Lieutenant Governor Former Secretary of the Interior

Lola Spradley Nancy Spence Former Speaker Former State Senator

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