Amy Coney Barrett confirmed to US Supreme Court

Barrett's confirmation comes a week before the presidential election

Judge Amy Coney Barrett tests her microphone after it failed several times during the third day of her Senate confirmation hearing to the Supreme Court on Capitol Hill in Washington DC, US. Reuters

Senate Majority Leader Mitch McConnell, arrives as Republicans work during a rare weekend session to advance the confirmation of Judge Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

A protester opposed to the Senate's race to confirm Amy Coney Barrett is removed by police after chaining themselves to a railing and holding a sign while sitting atop the statue Contemplation of Justice, at the Supreme Court building in Washington. AP Photo

Senate Majority Leader Mitch McConnell, leaves the chamber after a procedural vote to advance the confirmation of Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

Rep. Bill Cassidy, left, and Rep. Kevin Cramer, arrive for votes during a rare weekend session to advance the confirmation of Judge Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

Sen. Susan Collins, arrives for votes during a rare weekend session to advance the confirmation of Judge Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

Sen. Cindy Hyde-Smith, arrives to meet with other Senate Republicans during a rare weekend session to advance the confirmation of Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

Sen. Kelly Loeffler, and other Senate Republicans arrive for a rare weekend session to advance the confirmation of Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

From left, Sen. Roger Wicker, Sen. James Lankford, and Sen. Richard Burr, arrive for votes during a rare weekend session to advance the confirmation of Judge Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

Sen. John Kennedy, a member of the Senate Judiciary Committee, arrives for a rare weekend session to advance the confirmation of Amy Coney Barrett to the Supreme Court, at the Capitol in Washington. AP Photo

In this image from video, the vote total in the US Senate to advance the nomination of Supreme Court nominee Amy Coney Barrett for a final confirmation vote at the US Capitol in Washington. AP

Amy Coney Barrett was on Monday appointed to be the next justice on the US Supreme Court after the Republican-led Senate voted in her favour.

The move comes one week before the US presidential election on November 3, marking a major victory for President Donald Trump and the Republican Party who rushed to confirm Ms Barrett for the lifetime appointment.

Ms Barrett is the third Supreme Court justice the Trump administration has nominated.

Her confirmation means the bench will hold six justices with a history of ruling in favour of Republican policies, and three who tend to lean Democratic in their rulings.

With Ms Barrett on the bench, significant policies could be called into question, starting with whether the Affordable Care Act is constitutional.

The court is due to begin hearing arguments on the case a week after the election.

A divided Senate debated Ms Barrett’s nomination fervently, with Democrats arguing against the empty seat being filled while Americans are in the middle of an election.

More than 62 million ballots have already been cast in early voting.

No nominee to the Supreme Court has ever been confirmed this close to a presidential election.

Mr Trump has said repeatedly that he wanted Ms Barrett on the bench to vote on any election-related cases, because he believes the Supreme Court will be involved in deciding the country’s election.

Ms Barrett has declined to say whether she would recuse herself from any election-related cases.

Her appointment has been a hotly contested issue among the presidential candidates, with some Democrats arguing in favour of “packing the courts” with more nominations to rebalance the bench.

But Democratic candidate Joe Biden has refused to endorse the idea.

Mr Biden said that if elected he would establish a national commission of experts who could advise on court reforms.

New polling shows, however, that voters are unlikely to be swayed by the nomination of Ms Barrett.

The Elections Research Centre at the University of Wisconsin-Madison found that “Supreme Court appointments” was selected as a top election issue by only 3 per cent of Biden voters and 7 per cent of Trump voters.

US President Donald Trump holds a campaign rally at HoverTech International in Allentown, Pennsylvania. AFP

U.S. Democratic presidential candidate Joe Biden poses for a selfie during a visit to a voter activation center in Chester, Pennsylvania, U.S. REUTERS

Democratic presidential candidate former Vice President Joe Biden speaks with supporters outside a voter service center, in Chester, Pennsylvania. AP Photo

President Donald Trump delivers remarks at a rally during the last full week of campaigning before the presidential election on in Allentown, Pennsylvania. AFP

Supporters gather before President Donald Trump holds a rally in Lititz, Pennsylvania. With 8 days to go before the election, Trump is today holding 3 rallies across Pennsylvania, a crucial battleground state. AFP

Supporters queue before President Donald Trump holds a rally in Lititz, Pennsylvania. With 8 days to go before the election, Trump is holding 3 rallies across Pennsylvania, a crucial battleground state. AFP

Karen Heck demonstrates with her dog outside the venue where President Donald Trump will hold a rally in Lititz, Pennsylvania. With 8 days to go before the election, Trump is holding 3 rallies across Pennsylvania, a crucial battleground state. AFP

Maryland residents wait in line to vote at the Bohrer Park Activity Center in Gaithersburg, Maryland. Today marks the first day of early in-person voting in the state of Maryland. AFP

People wait in line to vote at the Montgomery County Executive Office Building in Rockville, Maryland. Today marks the first day of early in-person voting in the state of Maryland. AFP

A man wearing a Confederate flag themed sweatshirt walks with his children while queueing before President Donald Trump holds a rally in Lititz, Pennsylvania. With 8 days to go before the election, Trump is holding 3 rallies across Pennsylvania, a crucial battleground state. AFP

Vice President Mike Pence jogged across the tarmac at the Hibbing, Minn., airport before speaking during a campaign stop there. AP Photo

President Donald Trump stands at the podium as a video presentation of Joe Biden and other Democrats is shown at a campaign rally at Lancaster Airport, in Lititz, Pennsylvania. AP Photo

U.S. Democratic presidential candidate Joe Biden during a visit to a voter activation center in Chester, Pennsylvania, U.S. REUTERS

An unidentified rally attendant wears a hat in support of President Donald Trump during a rally with Vice President Mike Pence at the Range Regional Airport in Hibbing, Minnesota. Pence will continue to campaign despite five members of his staff testing positive for coronavirus (COVID-19). Getty Images

Vice President Mike Pence speaks during a campaign stop at the Hibbing, Minnesota Airport. AP Photo

U.S. Democratic vice presidential nominee Kamala Harris speaks during a campaign event in Detroit, Michigan, U.S. REUTERS

Olive Burrus listens to Democratic Vice Presidential Nominee Senator Kamala Harris (D-CA) at campaign stop at the Troy Community Center in Troy, Michigan. AFP

Maria Guadalupe Arvallo, a member of Pai-Pai indigenous group, stands next to a section of the US-Mexico border fence at indigenous lands, east of Tecate, Baja California State, Mexico. Indigenous communities who live along the Mexico/US border are struggling due to US President Donald Trump's reinforcement and expansion of the border wall and the environmental and cultural affectations caused by its construction. AFP

The top issues for Biden voters were the coronavirus outbreak followed by health care, and among Trump voters, the economy and the virus.

Vice President Mike Pence was not in attendance for the vote because of his close run-in with Covid-19, which has infected at least five of his aides.

Mr Pence's presence would have been largely ceremonial as Senate Republicans, outnumbering Democrats, had more than enough to confirm the nomination.

Before the vote, Democratic leaders wrote an open letter to Mr Pence urging him not to attend the Senate because it was “not a risk worth taking”.

Senate Democratic leader Chuck Schumer and his leadership team wrote that Mr Pence’s presence would breach guidelines issued by the Centres for Disease Control and Prevention.

Mr Schumer said it "would also be a violation of common decency and courtesy".

A nomination ceremony for Ms Barrett at the White House Rose Garden on September 26 was considered to be a "super-spreader" event after two dozen people were infected.

Masks were largely not worn and social distancing was not observed at the event.

As the ninth justice to join the Supreme Court, Ms Barrett replaces Ruth Bader Ginsburg, who died in September.

Critics have sounded alarms over the gaping contrast between Ms Barrett and Ms Ginsburg’s politics.

Days before her death, Ms Ginsburg, known for her women’s right activism, shared with her granddaughter a parting message: "My most fervent wish is that I will not be replaced until a new president is installed."