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WIKI——President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[15][16] President Barack Obama’s January, 2016, nominee for the vacancy, Myra C. Selby, was blocked by the U.S. Senate due to the blue slip opposition of Senator Dan Coats (R-IN).[17] Selby’s nomination was denied a United States Senate Committee on the Judiciary hearing and expired a year later.[18]

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[19] During Barrett’s hearing, U.S. Senator Dianne Feinstein questioned Barrett about whether her Catholic faith would influence her decision-making on the court. Feinstein, concerned about whether Barrett would uphold Roe v. Wade given her Catholic beliefs, followed Barrett’s response by stating “the dogma lives loudly within you, and that is a concern”.[20][21][14][22]

In response to Feinstein’s question, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo on them and displaying the Feinstein “dogma” quote.[17][23]

Senator Dick Durbin asked “Do you consider yourself an orthodox Catholic?” He was criticized by the editorial board at his alma mater, Georgetown, a Catholic university, for his requesting a clarification of Barrett, regarding her self-descriptive terminology, “orthodox Catholic.” He contended her definition might unfairly characterize Catholics who may not agree with the church’s positions about abortion or the death penalty.

She responded, “litigants and the general public are entitled to impartial justice, and that may be something that a judge who is heedful of ecclesiastical pronouncements cannot dispense.”

Barrett further opined that judges aren’t bound by precedent conflicting with the Constitution.[24]

The subject of Feinstein and other Democrats’ concern was a 1998 article by Barrett where she wrote that judges could recuse themselves from hearing matters if their faith conflicted with issues to be decided in cases they might otherwise hear.[17] Nan Aron, president of the liberal Alliance for Justice, said Barrett’s law review article’s contention that judges could simply recuse themselves from a case if they have a religious concern constitutes, “...the very definition of putting faith ahead of one’s duties as a judge.”[17]

An article in the conservative National Review asserted, “Senators must inquire about these issues when considering lifetime appointments because ensuring impartiality and fidelity to precedent are critical for the rule of law.”[20][25][14] Feinstein’s line of questioning was criticized by some observers and legal experts[26][27] while defended by others.[28] The issue prompted questions regarding the application of Article VI, Section 3 of the Constitution which mandates: “No religious test shall ever be required as a qualification to any office or public trust under the United States.”[29][24][26][27][28] During her hearing, Barrett said: “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[26]

On October 5, 2017, the Senate Judiciary Committee voted on a party-line basis of 11–9 to recommend Barrett and report her nomination to the full Senate.[30][31] On October 30, 2017, the Senate invoked cloture by a vote of 54–42.[32] The Senate confirmed her with a vote of 55–43 on October 31, 2017, with three Democrats – Joe Donnelly, Tim Kaine, and Joe Manchin – voting for her.[7] She received her commission on November 2, 2017.[2]