So ACB has a damn impressive record on the 4th Amendment.
reason.com/2020/09/23/amy…
And hopeful signs on qualified immunity reason.com/2020/09/23/amy…
I'm not with her on the rational basis test, but I know my view is the minority ... for now ... reason.com/2020/09/24/amy…
But if judiciary grills her on rational basis, it's silly bc they usually DEMAND this view from judges. Which is fine, but if they grill her and turn towards a @RandyEBarnett view for reals I'm here for it
Also most of my links will be @reason bc they sum up my larger thoughts in a readable way!
Also worth noting she seems like Kavanaugh-level of judge in certain ways. Very focussed on maintaining judicial stability but also moving gently in the future direction of jurisprudence
I've seen more judges open their hearts to 4A, 9A/14A, and just questioning govt more seriously in more cases, but slowly. She seems one of those judges. Nothing wrong with it but I prefer @JusticeWillett -style no-nonsense. But she IS a very normal judge.
@JusticeWillett vox.com/policy-and-pol…
From what I've seen of her work, I tend to agree with @kewhittington here -
This alone is encouraging and noteworthy: "It is clear from Barrett's record that she does not reflexively side with the government in criminal cases." reason.com/2020/09/21/sco…
Again - this makes her a typical judge reason.com/2018/07/03/sco… but I prefer @JusticeWillett to the norm. But to suggest she's any radical is plainly asinine.
None of this means you HAVE to agree with confirming her, but I think it's vital to understand who she is and who she isn't. She's a very normal judge with some encouraging signs.
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