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​ 🏛️ ​Official Supreme Court nomination thread - Amy Coney Barrett (1 Viewer)

They may punt on some hypotheticals - I understand the case in controversy point. But the timing of the election is right there in the constitution. 

If she gets asked, "State A passes a law that requires abortion providers to get certified by the State. Would that be constitutional?" That's not something she likely could or should answer. 

But this question? Its pretty easy - ESPECIALLY for an originalist. "The date is prescribed in the constitution. Maybe there is some scenario that I'm not thinking of that would allow the President to move it but I can't think of it off the top of my head."
I just don't think nominees ever answer these types of questions.   Maybe there are examples that prove the rule,  Now I most certainly don't listen to much of these hearings so this is second hand opinion, but I don't think those asking these questions even expect an answer.   Heck, maybe a nominee should take one such as this and shock them all into silence with a real answer for a change.   

 
Really? Been viewed that way since at least the 1990s in the queer community.
 
I mean, I can now see how that community might think that's how "sexual preference" is being used by those who believe it is a choice. They've had to fight against the idea of choice for a while. But, I can easily use "preference" in many other statements without someone assuming it suggests choice.

I prefer pizza to kale.

I prefer the Football Team to the Cowboys.

I prefer warm weather to cold weather.

I prefer Breaking Bad to Full House.

 
I mean, I can now see how that community might think that's how "sexual preference" is being used by those who believe it is a choice. They've had to fight against the idea of choice for a while. But, I can easily use "preference" in many other statements without someone assuming it suggests choice.

I prefer pizza to kale.

I prefer the Football Team to the Cowboys.

I prefer warm weather to cold weather.

I prefer Breaking Bad to Full House.
Assuming one acts on those preferences, how are they not implying a choice?  Arguing that you might prefer something but choose something else is probably not a good argument to make in this case.  Neither would be that those are my preferences, but I'm not given that choice. 

 
I'm not watching so take twitter with a grain of salt, but if this is accurate, it seems concerning to punt this question. Especially for a textualist or originalist or whatever she calls herself - 

@SenFeinstein: Does the constitution give the president the authority to unilaterally delay a general election under any circumstances?

Judge Barrett: If I give off the cuff answers, I would basically be a "legal pundit." I would need to consult colleagues, clerks & arguments.


They may punt on some hypotheticals - I understand the case in controversy point. But the timing of the election is right there in the constitution. 

If she gets asked, "State A passes a law that requires abortion providers to get certified by the State. Would that be constitutional?" That's not something she likely could or should answer. 

But this question? Its pretty easy - ESPECIALLY for an originalist. "The date is prescribed in the constitution. Maybe there is some scenario that I'm not thinking of that would allow the President to move it but I can't think of it off the top of my head."
Election date is set by statute, not the Constitution. I think it's reasonable that a judge would say they can't answer that question without further analysis. I guess it's possible that there is a provision that allows the executive to move that date in case of national emergency or something. Seems unlikely, but unless you've already done the analysis, I don't think it's wise for a judge to offer an opinion on that legal question. 

 
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I mean, I can now see how that community might think that's how "sexual preference" is being used by those who believe it is a choice. They've had to fight against the idea of choice for a while. But, I can easily use "preference" in many other statements without someone assuming it suggests choice.

I prefer pizza to kale.

I prefer the Football Team to the Cowboys.

I prefer warm weather to cold weather.

I prefer Breaking Bad to Full House.
> Insert Almond Joy slogan here <

 
Assuming one acts on those preferences, how are they not implying a choice?  Arguing that you might prefer something but choose something else is probably not a good argument to make in this case.  Neither would be that those are my preferences, but I'm not given that choice. 
The action is a choice. The preference isn't. Just because you prefer something, doesn't mean you've made a choice yet. Our choices are driven by our preferences.

I can prefer X over Y for reason A but I might prefer Y over X for reason B. For example, I said I prefer pizza to kale. However, it's probably more accurate to say that I prefer the taste of pizza to the taste of kale. Therefore, if I was choosing what to have for dinner based on taste, I'd show that preference by choosing pizza. However, I might prefer losing weight to gaining weight. If so, I might then prefer kale to pizza and choose to eat kale.

Definition of preference: a greater liking for one alternative over another or others. I don't see choice there. 

Anyway, interesting discussion, but probably off topic unless this becomes an issue in Judge Barrett's confirmation. I am now aware that "sexual preference" isn't preferred by queer community and if I'm in a scenario where I'm going to use that terminology, hopefully I'll use "sexual orientation" instead.

 
The appearance of impartiality by most dems in the senate is moot as I doubt a one of them votes for Barrett.  it is their right though.

 
Coming from a person who is not voting for Trump, she is knocking this out of the park.  To be against her confirmation would be 100% partisan politics by the Dems.  No way around it.  Even CNN is struggling to find something bad to hang their hat on.

 
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Brilliant...

"I think that your concern is that because I critiqued the statutory reasoning, that I'm hostile to the ACA, and that because I'm hostile to the ACA, that I would decide a case a particular way — and I assure you that I'm not," Barrett told Sen. **** Durbin (D-Ill.).

"I'm not hostile to the ACA. I'm not hostile to any statute that you pass," she added.

"I apply the law. I follow the law. You make the policy."

 
I'm not watching so take twitter with a grain of salt, but if this is accurate, it seems concerning to punt this question. Especially for a textualist or originalist or whatever she calls herself - 

@SenFeinstein: Does the constitution give the president the authority to unilaterally delay a general election under any circumstances?

Judge Barrett: If I give off the cuff answers, I would basically be a "legal pundit." I would need to consult colleagues, clerks & arguments.
What she is doing is actually very smart. she is reinforcing the notion that she, by herself, is not going to make a unilateral decision or opine the proposed question. Instead, she is reiterating in almost every response she is giving that -

-someone is going to make a policy, rule, law, etc

-when needed, she is going to interpret the case as it stands on its own merit WITH the input of peers and facts. 

Actually, this is brilliant and the textbook way it should be done. She has said nothing that someone can say "she WILL go this way". She is a textbook "we will look at the facts of the matter and decide as a group as it should be" candidate.  

 
The appearance of impartiality by most dems in the senate is moot as I doubt a one of them votes for Barrett.  it is their right though.
Its all semantics and time-drag at this point. The Democrats on the committee have already stated point blank they will not vote for her confirmation. 

They have even went as far as to say they won't show up to form a quorum but that won't change anything either. 

Even Schumur is saying "she needs to recuse herself from this and that, etc".  The cake is baked. Everyone is decided. 

 
I dunno.  She used the term "sexual preference" which is deeply problematic as of about 5 minutes ago.  That might be a game-changer, folks.
Yikes!

 

Barrett’s use of “sexual preference” on Tuesday brought Scalia’s words to mind. It indicates that she might share the position of the Alliance Defending Freedom, a law firm that opposes LGBTQ nondiscrimination laws and supports the criminalization of homosexuality, and consistency rejects the validity of LGBTQ identities. (Barrett has given paid speeches to the organization on five occasions. When she was questioned about whether she supports the organization’s full agenda, she said she did not look at all of the materials it gave students attending her speeches.) ADF regularly asks the Supreme Court to legalize discrimination against LGBTQ people and roll back their constitutional equality. The group is currently urging the Supreme Court to rule that Philadelphia must provide public funding to a foster care agency that refuses to work with same-sex parents. SCOTUS will hear the case in November—shortly after Barrett is confirmed, if Republicans’ current timeline holds.

In light of Barrett’s long affiliation with anti-gay organizations, her coded language on Tuesday should not be dismissed as a poor choice of words. Republicans have selected her, in part, to reward the Christian right for its loyalty to Donald Trump. Eroding constitutional equality for LGBTQ people is a key priority for this bloc. Barrett has given us every reason to expect that she will shore up a conservative majority that is ready and willing to condemn gay Americans to second-class citizenship once again.
:mellow:

 
What she is doing is actually very smart. she is reinforcing the notion that she, by herself, is not going to make a unilateral decision or opine the proposed question. Instead, she is reiterating in almost every response she is giving that -

-someone is going to make a policy, rule, law, etc

-when needed, she is going to interpret the case as it stands on its own merit WITH the input of peers and facts. 

Actually, this is brilliant and the textbook way it should be done. She has said nothing that someone can say "she WILL go this way". She is a textbook "we will look at the facts of the matter and decide as a group as it should be" candidate.  
I agree in the bit I listened to she is saying many of the correct things. She carries herself well as well. Much better than Kavanaugh. 

 
I am kind of annoyed though. I often use the "if I were the king of the world I would [let whatever it is client wants happen], but I'm not so I have to advise you that [insert how law applies to the facts and the client's desired outcome isn't likely]" way of breaking bad news. Now I'm going to be thought of as having stolen it. 

 
Did Hirono just ask ACB if she's ever been accused of sexual harrassment?
You did, also if she committed any. Sounds like the Democrats laying the groundwork here for another Blassey Ford debacle-

Sen. Mazie Hirono asks ACB "since you became a legal adult, have you ever made unwanted requests for sexual favors or committed any verbal or physical harassment or assault of a sexual nature?"

https://twitter.com/dailycaller/status/1316118474222075904?s=21

 
Without any supporting context?  

How about, "are you no longer beating your wife?"  Good lord.
I don't think its nearly the same as your "how about" question.  Seems a legitimate question if she does, in fact, ask it of anyone if they have done so.  Especially in today's climate.

 
I don't think its nearly the same as your "how about" question.  Seems a legitimate question if she does, in fact, ask it of anyone if they have done so.  Especially in today's climate.
You think it was a legitimate question to ask?  Because Hirono says she asks everyone that question, it makes it ok?  My example was tongue in cheek, but the point is that it is not only a baseless question, but its also pretty offensive.  

 
You think it was a legitimate question to ask?  Because Hirono says she asks everyone that question, it makes it ok?  My example was tongue in cheek, but the point is that it is not only a baseless question, but its also pretty offensive.  
To me, asking everyone removes any assumed offensiveness.

 
You think it was a legitimate question to ask?  Because Hirono says she asks everyone that question, it makes it ok?  My example was tongue in cheek, but the point is that it is not only a baseless question, but its also pretty offensive.  
I think for a lifetime appointment...and even some other long term things...yes, it is legitimate to ask if the person has ever been accused of such things.  I don't find it offensive to be asked such  thing at all.

 
sparticus-Booker going all in on bashing Trump at a hearing for scotus.  he likes hearing himself talk more than he likes listening to answers.  it's a common affectation of most politicians but he is in the top 5.

 
sparticus-Booker going all in on bashing Trump at a hearing for scotus.  he likes hearing himself talk more than he likes listening to answers.  it's a common affectation of most politicians but he is in the top 5.
He’s letting her talk more than any others I’ve seen the last hour or so. He’s actually asking questions. 

 
sparticus-Booker going all in on bashing Trump at a hearing for scotus.  he likes hearing himself talk more than he likes listening to answers.  it's a common affectation of most politicians but he is in the top 5.
He does like to hear himself speak. But he's actually a really great listener. If I was going to have a conversation about my issues with a Senator, he'd be high on my list of Senators to talk to.

 

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