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Politics Senate Democrats Want Barrett to Step Aside If Supreme Court Gets Election Case

04:25  26 september  2020
04:25  26 september  2020 Source:   nymag.com

Is 8 enough? Court vacancy could roil possible election case

  Is 8 enough? Court vacancy could roil possible election case WASHINGTON (AP) — Justice Ruth Bader Ginsburg's death has left the Supreme Court shorthanded during a polarizing presidential campaign in which President Donald Trump has already suggested he may not accept the outcome and the court could be called on to step in and decide the fate of the nation. It's the second time in four years that a justice has died during an election year, though that eight-justice court was not asked to referee any election disputes in 2016. Today, both sides have armies of lawyers ready to take the outcome to court.

WASHINGTON — President Trump has selected Judge Amy Coney Barrett , the favorite candidate of conservatives, to succeed Justice Ruth Bader Ginsburg and will try to force Senate confirmation before Election Day in a move that would significantly alter the ideological makeup of the Supreme Court

Including Democrats , Want Supreme Court Hearings During Election Year, Poll Finds. spectrum support holding hearings for Supreme Court nominees during a presidential year, according to news for Democrats as they desperately try to stop President Donald Trump and Senate Majority Leader

Senate Democrats cannot do a whole lot to stop the confirmation of apparent Supreme Court nominee Amy Coney Barrett. But they can try to set some conditions on her conduct that might strike a few Senate Republicans as reasonable, or more likely, score some points with the public about the extreme partisanship behind this rushed-up court-packing process.

Patrick Leahy wearing a suit and tie: Leahy objects to a SCOTUS rush job followed by another Bush v. Gore. Carolyn Kaster/Pool/Getty Images © Carolyn Kaster/Pool/Getty Images Leahy objects to a SCOTUS rush job followed by another Bush v. Gore. Carolyn Kaster/Pool/Getty Images

So it’s smart that Democrats are already talking about trying to keep Barrett from playing a role in any 2020 election litigation, as CNN reports:

Supreme Court is shorthanded but could play key role in election

  Supreme Court is shorthanded but could play key role in election The death of Justice Ruth Bader Ginsburg adds a new layer of intrigue to a pandemic-infused election that's been challenged from Alabama to Wisconsin.On SCOTUS ‘all Democrats can do is plan retaliation’ expert says

U.S. Supreme Court building in Washington, D.C. Photographer: Stefani Reynolds/Bloomberg. Senate Republicans are developing plans to begin confirmation hearings around Oct. But Judiciary Chair Lindsey Graham could work around that by taking the unusual step of scheduling the vote

The goal of the Supreme Court is to judge the constitutionality of cases that are brought before it. Up to this point, criticisms of Barrett have largely fallen If the point of the Supreme Court is to make judgment calls based on the Constitution and whether or not a law adheres to it, wouldn’t you want

Senate Democrats say they will press President Donald Trump’s Supreme Court nominee to commit to recuse herself if the justices hear a case that could impact the outcome of the fall elections, a request that could become a major flashpoint amid Trump’s persistent attacks on the legitimacy of the elections.

If Republicans respond that this is a wild hypothetical that Barrett shouldn’t have to address, Democrats already have a good answer: Judiciary Chairman Lindsey Graham has said he wants a replacement for Justice Ginsburg confirmed quickly for the precise reason that the Court may have to determine the winner of the presidential contest, as has Trump himself. And the idea of an election eve confirmation — on which the president is going to be campaigning frenetically — producing a Justice who will almost immediately rule on his political fate is just a bit rich:

Fact check: 'Kingdom of God' comment by SCOTUS contender Amy Coney Barrett is missing context in meme

  Fact check: 'Kingdom of God' comment by SCOTUS contender Amy Coney Barrett is missing context in meme A 2006 remark about the "Kingdom of God" is missing context in a meme that also falsely attributes views on ending separation of church and state. The widely cited reference to Barrett encouraging a “Kingdom of God” is taken out of context. Fact check: No guarantee Obama would've replaced Ginsburg with a progressive justice Amy Coney Barrett’s religious and judicial views Barrett is a conservative and a favorite among the religious right. Trump appointed Barrett to a be a federal appeals court judge in 2017, and she has since ruled in over 100 cases.

In some races, the supreme court vacancy offers a chance for Democrats to rally their bases in states that increasingly lean left. But recent court battles have shown that it can still be a fundraising bonanza for them. Democrats have enjoyed competitive fundraising in statewide elections this cycle.

A Supreme Court confirmation before Election Day would be quick, but not unprecedented. President Donald Trump is expected to nominate Judge Amy Coney Barrett to the Supreme Court 3. Trump has said that he wants a full court in case the election is contested, which lawyers warn

Sen. Patrick Leahy of Vermont, a senior Democratic member of the Senate Judiciary Committee, called the quick process to confirm a nominee before Election Day “ridiculous” and said the nominee, if confirmed, should recuse herself from a case affecting the election – even as the White House insists such a recusal is not necessary. …

Democrats plan to spotlight the arguments the President himself has been making in recent weeks over the fairness of the November 3 elections and the likely court fights that will ensue. Democrats, both on and off the Judiciary Committee, said that the nominee must make it clear she would not get involved in a case dealing with a President who had just nominated her to the lifetime position.

Republicans at both ends of Pennsylvania Avenue, of course, already insist this is an unprecedented demand:

[T]he White House and Senate Republicans say [Barrett’s recusal is] unnecessary, arguing that all nominees have ties to the president who nominated them – including the one Trump will announce on Saturday. Speaking to Wolf Blitzer on CNN’s “The Situation Room” on Thursday, White House chief of staff Mark Meadows was asked if the nominee would have to recuse herself “given the process that’s unfolding right now.”

Republicans have said they want to confirm Amy Coney Barrett before Election Day. Here's how long other confirmations took

  Republicans have said they want to confirm Amy Coney Barrett before Election Day. Here's how long other confirmations took Now that Trump has nominated Amy Coney Barret to the Supreme Court, the issue becomes whether the GOP-led Senate can confirm her before Election Day. Amy Coney Barrett named President Trump's third Supreme Court nominee USA TODAY See more videos SHARE SHARE TWEET SHARE EMAIL What to watch next Hear Amy Coney Barrett's tribute to Ruth Bader Ginsburg CNN Amy Coney Barrett speaks after Trump announces her nomination for Supreme Court CNBC Trump announces Amy Coney Barrett as Supreme Court nominee The Washington Post ‘A great Ameri

Democrats eye expanding Supreme Court if Trump's nominee is confirmed. Carrie Severino on whether the Supreme Court vacancy should be filled before the election : "It would be However, they might not want to do it simply because they think this law is good. The job is really limited as judges to

We want to make sure the election is honest but I’m not sure that it can be,' he said. 'I don’t know He told reporters on Capitol Hill Thursday that 'there's no question' Republicans would step up and Democrat radicals want to shatter norms and disregard precedent for the sake of the very norms and

“No,” Meadows said. “I mean no more than anybody that was confirmed under President Barack Obama or George Bush or anybody else recusing themselves.”

“Anybody else,” of course, would not be adjudging the political survival of the president who had sworn them in just weeks earlier. Shameful as Bush v. Gore undoubtedly was, none of the Justices deciding the presidency in that case had been appointed by George W. Bush.

It’s possible Barrett or her handlers will decide the recusal demand should be accepted in order to avoid the impression of a president stacking the Supreme Court in anticipation of a judicial ratification of a purloined second term — or even to avoid the decision itself. If not, Trump’s corrupt and dangerous efforts to extend his presidency four more years, and his legacy for much longer, may be exposed ever more clearly.

Trump nominates Amy Coney Barrett to the Supreme Court. What happens next in Senate confirmation process .
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usr: 1
This is interesting!