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Politics Amy Coney Barrett and Judicial Consequentialism

14:15  29 september  2020
14:15  29 september  2020 Source:   nationalreview.com

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

Amy Vivian Coney Barrett (born January 28, 1972) is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit.

WASHINGTON — Judge Amy Coney Barrett , President Trump’s pick for the Supreme Court, has compiled an almost uniformly conservative voting record Groups opposing abortion have championed Judge Barrett ’s nomination. And her academic and judicial writings have been skeptical of broad

To be nominated to the Supreme Court is both a great honor and a terrifying prospect — the latter being particularly relevant if you happen to be nominated by a Republican president. Amy Coney Barrett, who already faced attacks and insinuations related to her Catholic faith during her confirmation hearing to the Seventh Circuit, has learned this in short order.

a large stone building: At the Supreme Court building in Washington, D.C. © Willard/Getty Images At the Supreme Court building in Washington, D.C.

Already, Barrett is being critiqued, again, as a nominee because of her devout Catholicism. Senator Mazie Hirono — a member of the Senate Judiciary Committee best known for her embarrassing assertion that Brett Kavanaugh could not be afforded the presumption of innocence because of her own presumption that he would vote to overturn Roe v. Wade — has insisted that Barrett’s religious views will not be off-limits when she comes before the Judiciary Committee later this month. “Why should we say you get a lifetime appointment so that you can reflect your ideological agenda in your decision making?” asked Hirono.

Amy Coney Barrett pays homage to conservative mentor Antonin Scalia — 'His judicial philosophy is mine too'

  Amy Coney Barrett pays homage to conservative mentor Antonin Scalia — 'His judicial philosophy is mine too' Barrett, a former Notre Dame law professor, drew clear comparisons between her legal philosophy and Scalia's, saying "his judicial philosophy is mine too."Barrett paid homage to the late Justice Antonin Scalia, who led the conservative wing of the high court before his death in 2016, describing him as her mentor.

Amy Coney Barrett has been on Donald Trump's shortlist for Supreme Court vacancies for some time, but the word was that she would be the most appropriate replacement for Ruth Bader Ginsburg. As of last week, that was no longer a hypothetical scenario. Even before Mr Trump reportedly settled on

President Trump formally announced Judge Amy Coney Barrett , a former law clerk for the late Justice Antonin Scalia, as his nominee to the Supreme Court on Saturday. “Judge Barrett is highly qualified in all the areas that matter – character, integrity, intellect, and judicial disposition,” Sen.

Certified anti-racist Dr. Ibram X. Kendi has even gone so far as to attack Barrett for the two black children she has adopted from Haiti. Kendi suggests that Barrett’s decision to bring two more kids into the family in addition to the five she has birthed may not have been a selfless act of love, but an effort to use “them as props in their lifelong pictures of denial, while cutting the biological parents of these children out of the picture of humanity.” He went on to backtrack somewhat, saying “whether this is Barrett or not is not the point.” His point was similar to Hirono’s: The presumption of innocence of racism should not be granted to people such as Barrett or Kavanaugh.

While the attacks on Barrett’s faith and family have been both galling and appalling, and thus more likely to be highlighted by her backers, it is the attacks on her record that are perhaps even more concerning for the future of the judiciary. While Republicans generally appoint jurists who interpret the Constitution according to the plain or original public meaning of its text, Democrats favor appointees who believe in a “living” or “evolving” Constitution. That is, one that can allow or prohibit whatever they want it to allow or prohibit. This method of interpretation is the natural result of judicial consequentialism on the left, or the belief that the law and Constitution should be interpreted not as it is, but as the Democrats believe it should read to fit their vision of a better society.

Bio highlights of Amy Coney Barrett, Trump's high court pick

  Bio highlights of Amy Coney Barrett, Trump's high court pick WASHINGTON (AP) — Here’s a bio box on President Donald Trump’s Supreme Court nominee. Amy Coney Barrett, age 48 - A judge on the 7th Circuit Court of Appeals nominated by President Donald Trump in 2017 and considered once before by Trump for a high court seat; her three-year judicial record shows a clear and consistent conservative bent. - A graduate of the University of Notre Dame Law School and Rhodes College who has taught law at Notre Dame, worked for a Washington law firm and clerked for Supreme Court Justice Antonin Scalia.- A devout Catholic mother of seven and Louisiana native born in 1972, she would be the youngest justice on the current court if confirmed.

Judge Amy Coney Barrett has come under increased scrutiny after being nominated to the Supreme Court. Her confirmation hearing is set for October 12 and many are looking into her background as a likely Supreme Court justice. One America’s Christina Bobb has more from the White House.

Judge Amy Coney Barrett .” Barrett , 48, a devout Catholic who serves on the seventh US circuit court of appeals in Chicago, is a favorite of religious “Her slim judicial record shows that she’s hostile to the environment and will slam shut the courthouse doors to public interest advocates, to the delight of

Nathan J. Robinson summed up this view of the Constitution best for Current Affairs, writing that:

One question alone matters to me: what effects would her [Barrett’s] presence of the Supreme Court have? In other words: how would she rule on issues that matter? Who would be helped or hurt by these rulings? The most important criteria in evaluating a potential justice are their stated values and their prior record, because these are the best evidence we have with which to speculate about what they would do if placed on the nation’s highest court.

He goes on to predict that:

She is likely to issue rulings that cause significant needless harm to innocent people and make the country a more unjust place, with rulings that erode the rights of workers, immigrants, criminal defendants, and, of course, those who need abortions.

No one wants to cause “significant needless harm to innocent people” or “make the country a more unjust place.” But it is Congress’s job to write laws — within the boundaries set by the Constitution — that prevent harm from befalling American citizens and make the country more just. It is the Supreme Court’s job only to make sure that those laws fall within those boundaries. If the nine justices on the Court were to all adopt Robinson’s view of the judiciary, we may as well not only abolish the Senate but the House too, and formalize the Court’s role as a super legislature.

Harris slams Trump's Supreme Court pick as an attempt to 'destroy the Affordable Care Act'

  Harris slams Trump's Supreme Court pick as an attempt to 'destroy the Affordable Care Act' Democratic vice presidential nominee Sen. Kamala Harris (D-Calif.) on Saturday slammed President Trump's decision to nominate Judge Amy Coney Barrett to the Supreme Court, alleging both the president and the GOP want to "destroy the Affordable Care Act" and access to abortion. "From day one, President Trump made clear that he had a litmus test for Supreme Court Justices - destroy the Affordable Care Act's protections for people with"From day one, President Trump made clear that he had a litmus test for Supreme Court Justices - destroy the Affordable Care Act's protections for people with preexisting conditions and overturn our right to make our own health care decisions," Harris said in a statement shortly a

Judge Amy Coney Barrett , who will reportedly be President Donald Trump’s choice for the Supreme Court, has already faced criticism from the left about her large family and her two adopted children from Haiti. Barrett is married to Jesse Barrett and is the mother of seven children

Amy Coney Barrett , President Trump’s choice for an appeals-court seat, belongs to People of Praise, a tight-knit Amy Coney Barrett , President Trump’s nominee for a seat on the United States Court of Appeals for the Seventh Circuit, speaking in November in Jacksonville, Fla.Credit WJXT Jacksonville.

Take the example of Roe v. Wade. Robinson decries the plight of “those who need abortions.” While all pro-lifers would be more than willing to debate whether almost any American “need abortions,” members of the conservative legal movement do not want to overturn Roe v. Wade because of their belief that abortion results in the termination of innocent life. It should be done away with because regardless of how long you may search, there is no right to abort your child to be found in the Constitution. Even Laurence Tribe, no friend to pro-lifers, has acknowledged that the legal reasoning in Roe was flawed, saying “One of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”

Moreover, while Robinson is willing to come right out and embrace judicial consequentialism, the entirety of the Democratic Caucus in the Senate is willing to do so implicitly. Minority Leader Chuck Schumer warned that “a vote by any Senator for Judge Amy Coney Barrett is a vote to strike down the Affordable Care Act (ACA) and eliminate protections for millions of Americans with pre-existing conditions” and that Barrett would “turn back the clock on women’s rights and a woman’s right to choose, workers’ rights, voting rights, civil rights, LGBTQ rights, environmental protections and more.” Senator Richard Blumenthal has asserted that “Judge Barrett’s views would harm real lives — real people — in real ways, from children with pre-existing conditions to women who just want to be able to decide when and how to have a family.” Hirono announced that she would oppose Barrett because “she will vote to strike down the Affordable Care Act” and “has a long history of being anti-choice.”

Senate hearings for Amy Coney Barrett to begin Oct. 12 as Republicans eye Election Day

  Senate hearings for Amy Coney Barrett to begin Oct. 12 as Republicans eye Election Day Senate Republicans have indicated they want to confirm Trump's nominee Amy Coney Barrett before Election Day, which is 38 days away.HHS secretary spotted without mask at Rose Garden event

As expected, on Saturday afternoon President Trump nominated Federal Circuit Court Judge Amy Coney Barrett to fill the Supreme Court seat of late Justice Ruth Bader Ginsburg. The nomination is setting off an unprecedented election Senate fight.

Amy Coney Barrett has been on Donald Trump's shortlist for Supreme Court vacancies for some time, but the word was that she would be the most appropriate replacement for Ruth Bader Ginsburg. As of last week, that was no longer a hypothetical scenario. Even before Mr Trump reportedly settled on

The claim that the Affordable Care Act will be thrown out if Barrett is confirmed is a dubious one, and the opinion that she would harm the lives of Americans is just that: an opinion. More importantly though, they are consequentialist claims that have no place in determining whether or not Barrett should sit on the court. Democrats tell us about the outcomes they want and warn that Barrett’s confirmation would lead to opposite ones, but they don’t even try to explain why those outcomes are the right ones, constitutionally. It may be politically convenient to make results-based arguments about the Court, but it’s also deeply damaging to our constitutional order and polity. Those paying close attention to her confirmation hearings should be alarmed not only by the vicious personal attacks sure to be lobbed at her and her loved ones, but also by the consequentialist attacks on her judicial philosophy.

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Republicans push Barrett confirmation as Democrats criticize timing .
Trump nominated Amy Coney Barrett to the Supreme Court on Saturday. Overwhelmingly, Republicans called Amy Coney Barrett a well-qualified candidate and pushed for a confirmation in the upcoming weeks. Democrats continued to criticize the timing, with some outright saying they wouldn't meet with the nominee.

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