dawgtrails
Footballguy
These questions about faith and the law need to be asked. Because they sure as #### would be if there was an atheist or a muslim up for a seat
Isn't one of the issues with ACB is her lack of rulings from the federal bench? Sure, she's written law review articles, but in order to form an opinion on whether her religious practices make their way into her rulings, we need to look at the rulings themselves.Based on things others have written about her experiences in the legal field, it sounds like she is able to pretty well differentiate personal creed and the role of a justice in interpreting law. Addressing questions pertaining to the nuance in her faith practice would help clarify that impression.
Some Catholics actually adhere to the Eighth Commandment. Especially under oath.oh. Â Ok then. Â As long as she says so.
None. The issue relevant to recusal isn't "whether a particular defendant will be put to death." The issue is whether I can be impartial. Do you not believe that #1 and #2 can be rather different in that regard?I'm curious as to what circumstance you would be deciding #1 without considering whether a particular defendant will be put to death.There's an obvious (to me) difference between the following two questions:
1. Does capital punishment run afoul of the Eighth Amendment under a proper constitutional analysis?
2. Now that this defendant has been convicted by the jury, it is up to me to finally determine the appropriate sentence after weighing the various mitigating and aggravating circumstances -- should it be death or something else?
I don't know whether the second situation was the intended context for ACB's quotation above (and I'm aware it's now mooted by Hurst). But it is quite easy for me to imagine being able to put aside my personal views and decide issue #1 fairly while being unable to do so with issue #2.
I have not read about anyone objecting to her for being Catholic - other than Trump Party supporters looking for an argument.Nice article from 2009 about a Catholic double-standard:
https://www.wsj.com/articles/SB124752949484535723
This really isn't fringe at all - but then again, it's not even really followed. I've heard this phrase a million times in my life and very seldom does it play out the way people think. I know very little about this group she belongs to but I would feel completely comfortable that the bolded won't impact her decision-making but I also have no issue with it at least being asked. There's a reason we vet these folks.This group extends beyond a parish or diocese.  Its not Knights of Columbus.
The notion of women deferring to their husbands is a bit of a fringe movement, imo.
The notion of women deferring to their husbands is most certainly a fringe movement these daysThis really isn't fringe at all - but then again, it's not even really followed. I've heard this phrase a million times in my life and very seldom does it play out the way people think. I know very little about this group she belongs to but I would feel completely comfortable that the bolded won't impact her decision-making but I also have no issue with it at least being asked. There's a reason we vet these folks.
Let me elaborate on this a bit.None. The issue relevant to recusal isn't "whether a particular defendant will be put to death." The issue is whether I can be impartial. Do you not believe that #1 and #2 can be rather different in that regard?
Not within the church it isn'tThe notion of women deferring to their husbands is most certainly a fringe movement these days
The question is whether a Supreme Court Justice can be impartial. And I’m asking you when you can decide #1 without deciding whether a particular person can be put to death as a Supreme Court Justice. Because it is relevant to recusal if you’d be deciding whether or not someone can be put to death. That’s my point from the beginning of this conversation in bringing up the “case or controversy” requirement. ÂNone. The issue relevant to recusal isn't "whether a particular defendant will be put to death." The issue is whether I can be impartial. Do you not believe that #1 and #2 can be rather different in that regard?
Could you expand on this a little? It sounds like you're saying that its a good thing to probe nominees' religious views. Âdawgtrails said:These questions about faith and the law need to be asked. Because they sure as #### would be if there was an atheist or a muslim up for a seat
Seems obvious to me that he’s saying Republicans would probe nominees' religious views (to use your phrase) so might as well do it to their nominee.  I don’t read from his post he thinks it’s a good idea per se.Could you expand on this a little? It sounds like you're saying that its a good thing to probe nominees' religious views. Â
Let's run with your example of a Muslim nominee. Imagine somebody comparable to Amy Barrett -- solid educational pedigree, prestigious clerkship, by all accounts a good, distinguished law professor, etc. -- but who happens to be a devout Muslim. This hypothetical nominee has never decided any cases that raise odd religious issues, has never written any law review articles about injecting religion into the law or anything like that. He's just a Muslim who prays five times a day, fasts during Ramadan, abstains from alcohol and caffeine (legitimately disqualifying IMO but let's set that aside for now), took a pilgrimage to Mecca, etc. Are you saying that it would be reasonable and proper for folks to worry that this person wants to impose Sharia law? Or would you think that people who wring their hands over that issue were being a little xenophobic and weird?
I would suggest there is a reason why there is not a muslim SC justice, and it has nothing to do with their legal qualifications.Could you expand on this a little? It sounds like you're saying that its a good thing to probe nominees' religious views. Â
Let's run with your example of a Muslim nominee. Imagine somebody comparable to Amy Barrett -- solid educational pedigree, prestigious clerkship, by all accounts a good, distinguished law professor, etc. -- but who happens to be a devout Muslim. This hypothetical nominee has never decided any cases that raise odd religious issues, has never written any law review articles about injecting religion into the law or anything like that. He's just a Muslim who prays five times a day, fasts during Ramadan, abstains from alcohol and caffeine (legitimately disqualifying IMO but let's set that aside for now), took a pilgrimage to Mecca, etc. Are you saying that it would be reasonable and proper for folks to worry that this person wants to impose Sharia law? Or would you think that people who wring their hands over that issue were being a little xenophobic and weird?
Maybe, but it seems kind of odd for somebody to say "In my imagination, Republicans were jerks to my hypothetical Muslim nominee. Therefore, in real life I'm going to be a jerk to this actual flesh-and-blood nominee.:Seems obvious to me that he’s saying Republicans would probe nominees' religious views (to use your phrase) so might as well do it to their nominee.  I don’t read from his post he thinks it’s a good idea per se.
"Ms. Barrett, can you rule impartially and keep your religious views separate from your legal reasoning?"I don't think its asking too much of a SC Justice to explore whether any beliefs, religious or otherwise, would prevent them from applying the existing law - or in shaping new interpretations.
I think you have to ask the question, and evaluate the answer and any surrounding evidence.
Something like this-What more are you expecting? Â
That's exactly what the GOP is saying about the Democrats regarding this nomination. "We are nominating a replacement justice a few weeks before an election for President because the Democrats would hypothetically do the same thing."Maybe, but it seems kind of odd for somebody to say "In my imagination, Republicans were jerks to my hypothetical Muslim nominee. Therefore, in real life I'm going to be a jerk to this actual flesh-and-blood nominee.:
Well, that's actually not hypothetical. Democrats did actually nominate a justice shortly before an election, and people like me argued that they were right to do so and that their justice should have been confirmed.That's exactly what the GOP is saying about the Democrats regarding this nomination. "We are nominating a replacement justice a few weeks before an election for President because the Democrats would hypothetically do the same thing."
Id guess there would be a question about Sharia law and yes the public would be saying it (possibly even people on this board). They would look into every Mosque that person ever attended and bring up any radical ever caught that had attended that mosque. Obama was painted as a Muslim as a negative without any such reason to think he was either Muslim or a radical. You don't think a lifetime appointment would get such scrutiny from the current batch of GOP senators?Could you expand on this a little? It sounds like you're saying that its a good thing to probe nominees' religious views. Â
Let's run with your example of a Muslim nominee. Imagine somebody comparable to Amy Barrett -- solid educational pedigree, prestigious clerkship, by all accounts a good, distinguished law professor, etc. -- but who happens to be a devout Muslim. This hypothetical nominee has never decided any cases that raise odd religious issues, has never written any law review articles about injecting religion into the law or anything like that. He's just a Muslim who prays five times a day, fasts during Ramadan, abstains from alcohol and caffeine (legitimately disqualifying IMO but let's set that aside for now), took a pilgrimage to Mecca, etc. Are you saying that it would be reasonable and proper for folks to worry that this person wants to impose Sharia law? Or would you think that people who wring their hands over that issue were being a little xenophobic and weird?
7 and a half months is shortly before an election?Well, that's actually not hypothetical. Democrats did actually nominate a justice shortly before an election, and people like me argued that they were right to do so and that their justice should have been confirmed.
It's a mystery to me how you go from that, to "we should grill nominees about their religious beliefs." Nominating justices when your part holds the presidency is good and a normal part of how the system is supposed to work. Imposing religious litmus tests for nominees is bad. These two things are not comparable, and we treat them very differently because they're ethically very different. Â
Do you think the thing about Obama being a secret Muslim was reasonable, or do you think that folks who peddled in that sort of thing were a little crazy?Id guess there would be a question about Sharia law and yes the public would be saying it (possibly even people on this board). They would look into every Mosque that person ever attended and bring up any radical ever caught that had attended that mosque. Obama was painted as a Muslim as a negative without any such reason to think he was either Muslim or a radical. You don't think a lifetime appointment would get such scrutiny from the current batch of GOP senators?
Of course not...because he wasn't actually a Muslim.Do you think the thing about Obama being a secret Muslim was reasonable, or do you think that folks who peddled in that sort of thing were a little crazy?
Do you think that a muslim nominee should get that kind of extra critique?Of course not...because he wasn't actually a Muslim.
Is ACB a member of this group? If so, the questions are more reasonable...I think the hypocthetical muslim nominee is a good one. And ACB will get a miniscule amount of critique that a Muslim would get.
Do you think she is getting extra critique? Seems reasonable questions...if a muslim nominee gets reasonable questions, that is fine. ÂDo you think that a muslim nominee should get that kind of extra critique?
Do you think it would be reasonable to ask a muslim nominee if he would impose sharia law on the United States?Do you think she is getting extra critique? Seems reasonable questions...if a muslim nominee gets reasonable questions, that is fine. Â
IF the person had never showed one single notion of imposing sharia law? Had not been a part of some fringe group that pushes or supports it? No...I would not find that reasonable.Do you think it would be reasonable to ask a muslim nominee if he would impose sharia law on the United States?
Or, more generally, can you give some examples of questions that you consider reasonable, and some examples of questions that cross the line?Â
Edit: On the topic of "extra critique," there are people in this thread seriously raising the issue of whether Barrett's husband would be writing her opinions for her. I think that's insane. It's on the same level as worrying about whether she's accepting bribes from drug cartels.
Sharia law? No that is not reasonable at all. If they are a devout anything though, I think it is certainyl reasonable to ask them how their faith guides them in decision making in regards to the law.Could you expand on this a little? It sounds like you're saying that its a good thing to probe nominees' religious views. Âdawgtrails said:These questions about faith and the law need to be asked. Because they sure as #### would be if there was an atheist or a muslim up for a seat
Let's run with your example of a Muslim nominee. Imagine somebody comparable to Amy Barrett -- solid educational pedigree, prestigious clerkship, by all accounts a good, distinguished law professor, etc. -- but who happens to be a devout Muslim. This hypothetical nominee has never decided any cases that raise odd religious issues, has never written any law review articles about injecting religion into the law or anything like that. He's just a Muslim who prays five times a day, fasts during Ramadan, abstains from alcohol and caffeine (legitimately disqualifying IMO but let's set that aside for now), took a pilgrimage to Mecca, etc. Are you saying that it would be reasonable and proper for folks to worry that this person wants to impose Sharia law? Or would you think that people who wring their hands over that issue were being a little xenophobic and weird?
How are we defining "shortly"?Democrats did actually nominate a justice shortly before an election,
Before an election, during the current president's term.How are we defining "shortly"?
Every nomination is before an election, and during a current president's term. ÂBefore an election, during the current president's term.
Garland was nominated in March 2016. Â Before either party had even selected a candidate, let alone anywhere near close to "shortly before an election"Before an election, during the current president's term.
Indeed.Every nomination is before an election, and during a current president's term. Â
Given where we currently are I don't agree that it's odd. I'd label it unfortunate or maybe misguided. We've collectively allowed ourselves to get to this point and we will collectively have to get ourselves out of it (if we can).Maybe, but it seems kind of odd for somebody to say "In my imagination, Republicans were jerks to my hypothetical Muslim nominee. Therefore, in real life I'm going to be a jerk to this actual flesh-and-blood nominee.:
The only thing I would add would be to maybe give examples where it could be an issue. Beyond that I'm willing to take her at her word but I see zero problem with asking it. I mean what's the point in vetting at all if every question gets reduced to "will you be a good judge?" I guess we could stop vetting altogether but until we do I think personal held views (religious or otherwise) are fair game to ask about to ensure a nominee can be impartial.Â"Ms. Barrett, can you rule impartially and keep your religious views separate from your legal reasoning?"
"Sure."
What more are you expecting?Â
It's become standard: yes, we're being horrible, but as long as we project our own horribleness onto the other side as well, our horribleness is warranted as a matter of preemptive retaliation.Given where we currently are I don't agree that it's odd. I'd label it unfortunate or maybe misguided.
This has always been my view, the President's term is not over until Inauguration Day. Constitutionally Obama was doing his duty to nominate Garland. I said it four plus years ago and stand by it now. It's also Trump's to be able to nominate a choice. ÂWell, that's actually not hypothetical. Democrats did actually nominate a justice shortly before an election, and people like me argued that they were right to do so and that their justice should have been confirmed.
It's a mystery to me how you go from that, to "we should grill nominees about their religious beliefs." Nominating justices when your part holds the presidency is good and a normal part of how the system is supposed to work. Imposing religious litmus tests for nominees is bad. These two things are not comparable, and we treat them very differently because they're ethically very different. Â
I think there is an interesting discussion/debate to be had about at what point does "turn the other cheek" (my words) become counterproductive. Probably best for another thread though.It's become standard: yes, we're being horrible, but as long as we project our own horribleness onto the other side as well, our horribleness is warranted as a matter of preemptive retaliation.
Same here. I'm open to arguments in favor of treating post-election lame duck sessions differently, but not some arbitrary period before an election.This has always been my view, the President's term is not over until Inauguration Day. Constitutionally Obama was doing his duty to nominate Garland. I said it four plus years ago and stand by it now. It's also Trump's to be able to nominate a choice. Â
There's a tweet for everything, so I'd wager Trump was vocal four years ago about how a new Justice should not be confirmed within 8 months of an election.This has always been my view, the President's term is not over until Inauguration Day. Constitutionally Obama was doing his duty to nominate Garland. I said it four plus years ago and stand by it now. It's also Trump's to be able to nominate a choice. Â
I think ultimately what folks are wanting (beyond their "team" "winning") is for things to be fair. We all should know by now things in life aren't fair and we encounter hypocrisy all over the place. I know I can be hypocritical about things. When it's this blatant it can be offensive - it's especially offensive to somebody who is on the other side. But none of that makes it incorrect/wrong - it just makes the one side #######s.Same here. I'm open to arguments in favor of treating post-election lame duck sessions differently, but not some arbitrary period before an election.
Yes, it actually is the issue. That's the whole point of the law review article I posted the abstract from that started the conversation. The issue is that deciding someone will be put to death is, she argues, against the Catholic religion and she argues that it is something a Catholic judge should recuse herself from. So, no, I don't believe they can be rather different in that regard. I'm not sure why you think you think they can.None. The issue relevant to recusal isn't "whether a particular defendant will be put to death." The issue is whether I can be impartial. Do you not believe that #1 and #2 can be rather different in that regard?
While mere identification of a judge as Catholic is not sufficient reason for recusal under federal law, the authors suggest that the moral impossibility of enforcing capital punishment in such cases as sentencing, enforcing jury recommendations, and affirming are in fact reasons for not participating.
I take issue with the entire suggestion that an appellate judge or Supreme Court Justice in this country makes a determination about an abstract concept unrelated to a particular case. There is no ivory tower in which the Supreme Court sits and decides on these issues as simple abstractions. They're applied to cases. ÂAffirming what? Affirming that capital punishment is constitutional, or affirming that the district court exercised its discretion properly in sentencing? I can't tell what the context is from the quoted abstract. Do you take issue with what I wrote here?
From my recollection McConnell said then that it hadn’t happened with the Senate being controlled in an election year by the opposing party. But we all know he would say whatever he needed to.There's a tweet for everything, so I'd wager Trump was vocal four years ago about how a new Justice should not be confirmed within 8 months of an election.
You and I may have been consistent on this point, but if Trump hasn't been, he should rightly be called out for his hypocrisy. McConnell too. And Graham. And basically all Republican politicians, really.
No it isn't. McConnell and the Republicans are the ones who changed the filibuster rule for Supreme Court nominees, in 2017, for Gorsuch.From my recollection McConnell said then that it hadn’t happened with the Senate being controlled in an election year by the opposing party. But we all know he would say whatever he needed to.
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I don’t necessarily love Mitch McConnell. I personally wish he had handled that differently. I understand people being upset over it. But, do I think Chuck Schumer would have done the same if given the chance?  Absolutely. Â
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After all, McConnell’s current move is made possible from a rule change in the Senate pushed through for partisan reasons by former majority leader Harry Reid. The hyper partisan environment we are in may be worse today than before, but it has been building for quite some time. It hasn’t just appeared out of nowhere. It’s not a good thing but it’s where we are. Whether McConnell maintains control or Schumer takes over, its going to continue on.Â