As expected, the nominee is Judge Amy Coney Barrett. More than any nomination in history, this is a celebration of conservative feminists. It comes close to the day of the confirmation of Justice Sandra Day O’Connor. thehill.com/opinion/judici…
...While they reached very different conclusions on constitutional interpretations, Justice Ginsburg and Judge Barrett have striking similarities. Both graduated at the top of their law school classes. Both went into teaching at leading law schools. Both joined the bench ...
...with deeply rooted views of the law and its role in society. Both also publicly discussed the importance of their faith to their careers and their convictions.
Barrett's nomination is an important moment in another respect. I have long criticized the near monopoly held by Harvard, Yale, and Columbia in modern nominations. A graduate of Notre Dame, Barrett brings a long needed educational diversity to the court. jonathanturley.org/2010/05/12/sup…
This will likely prove the single most consequential and transformative nomination in the modern history of the Supreme Court. A long line of cases dangle on a 5-4 majority. The common denominator in those cases was Ruth Bader Ginsburg.
..The hyperbole is now approaching hysteria. Speaker Pelosi has declared that a vote for this nominee is a vote to kill the ACA. That is simply untrue. The ACA turns on severability, an issue that cuts across ideological lines. Kavanaugh just issued a pro-severance decision...
...The individual mandate (which was eliminated years ago) is most likely to be severed from the rest of the ACA. Indeed, it is not clear that Barrett would take an opposing view on severability. The most likely count, even without Ginsburg's vote, would be to preserve . . .
... the rest of the ACA. Yet, Democratic leaders are declaring the imminent death of the ACA and Hillary Clinton is bizarrely claiming a "diabolical" anti-ACA plot behind this nomination. Many web sites seem like a communal primal scream session disconnected to the actual case.
Sen. Hirono just refused to say whether Barrett is "qualified." She stated that she will vote on how Barrett is expected to vote. However, she said that she will refuse to meet with her.
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