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27 October 2020CopyrightSarah Morgan

Amy Coney Barrett confirmed as Supreme Court justice

Judge Amy Coney Barrett has been confirmed as a US Supreme Court associate justice, in a victory for US President Donald Trump ahead of the presidential election.

Republicans voted 52-48 to approve the judge, making Barrett the 115th associate justice to serve on the Supreme Court.

Barrett’s confirmation means that Trump will have placed three conservative justices on the US’ highest court. In 2017, Judge Neil Gorsuch was confirmed as a justice. The following year, Judge Brett Kavanaugh joined the court.

The US president presided over Barrett's swearing-in ceremony on Monday night.

“This is a momentous day for America, for the United States constitution and for the fair and impartial rule of law,” he said. “She is one of our nation's most brilliant legal scholars, and she will make an outstanding justice on the highest court in our land.”

Presidential hopeful Joe Biden said that the “rushed and unprecedented confirmation” of Barrett, taking place in the middle of an election, “should be a stark reminder to every American that your vote matters”.

Earlier this month, WIPR reported on the IP-related aspects of Barrett’s confirmation hearings.

Barrett called for more clarity regarding patent eligibility following a spate of controversial rulings by the US courts, and claimed that Congress would be best placed to assess how copyright law should be applied to new technology. You can read more here.

Barrett replaces Justice Ruth Bader Ginsburg, who died in September. The outspoken advocate and champion of women's rights and civil liberties ruled on many prominent IP cases during her time on the bench, including the Booking.com decision which was passed down in June.  According to non-profit media organisation NPR, in the days before her passing, Ginsburg dictated this statement to her granddaughter Clara Spera: “My most fervent wish is that I will not be replaced until a new president is installed.”

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More on this story

Copyright
10 November 2020   US President-elect Joe Biden is pushing forward with his plans for office, but what effect will his presidency have on IP?
Patents
1 December 2020   The addition of Amy Coney Barrett to the US Supreme Court’s bench could lead to challenges to modern, judicially imposed restrictions on patent eligibility, say Joshua Reisberg and Aaron Savit of Axinn.
Patents
15 October 2020   US Supreme Court nominee Amy Coney Barrett has added her voice to calls for more clarity regarding patent eligibility following a spate of controversial rulings by the US courts, and has said that Congress would be best placed to assess how copyright law should be applied to new technology.