Jonathan Turley Profile picture
Sep 26, 2020 9 tweets 2 min read Read on X
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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More from @JonathanTurley

Mar 18
I am in Berlin to speak at the World Forum. I am currently listening to the opening session at a conference pointedly named recently as “A New World Order: European Values”…
Bill and Hillary Clinton were just celebrated as leadership “truly made America great again.” When it comes to free speech, the Clintons certainly represent “European Values” on free speech…
…After Elon Musk bought Twitter and dismantled most of the company’s censorship program, Hillary Clinton turned to Europe and called upon them to use their Digital Services Act to force censorship against Americans…
Read 12 tweets
Mar 18
Many are suggesting that the Biden pardons may now be challenged in light of the disclosures of Biden's use of an autopen.The chances of such challenges succeeding are vanishingly low. Presidents are allowed to use the autopen and courts will not presume a dead-hand conspiracy...
...Many of these were high-profile pardons, including for his own son, that Biden acknowledged publicly. There is also a problem with standing unless the issue comes up in a government effort to indict a recipient. That does not mean that the disclosures are not deeply troubling.
...The account of Speaker Johnson on how Biden seemed unaware of signing a major piece of legislation does suggest the use of a dead-hand power by staffers. In the end, this is the most difficult type of allegation to pursue since the key parties will be unified in claiming full knowledge and approval by the president...
Read 4 tweets
Mar 13
Senate Democratic Leader Chuck Schumer declared that Mahmoud Khalil should be released "if the administration cannot prove he has violated any criminal law." He is mistaken on the standard...facebook.com/senschumer/pos…
...We still do not know what the evidence against Khalil will show on any nexus to Hamas or the Columbia occupation. However, 8 U.S.C. § 1227(a)(4)(C) does not require a criminal act. The standard only requires the Sec. Rubio find "reasonable ground to believe" that he could present a "potentially serious adverse foreign policy consequences for the United States is deportable"...
...That is a generous standard that invites a heavy degree of deference from the courts. If Khalil helped organize the occupation that led to property damage, it is conduct that could satisfy the standard. Once again, there are clearly weighty free speech issues in such cases...
Read 4 tweets
Mar 9
Rep. Ro Khanna (D., Cal.) gave Shannon Bream one of the most convoluted and conflicted explanations for voting against the Green censure because "he did not engage in violence . . . and I ultimately a supporter of free speech. . . and he had a free speech right."...
...Is that now the standard? You can disrupt joint sessions so long as you do not physically assault the president or others. That would be a crime that is already covered by the criminal code. Censure is about ethical conduct...
...The suggestion that Green had a protected "right of free speech" is ridiculous. Just as the deplatforming speakers in higher education is not protected, it is certainly not a right on the house floor. Green has an unfettered right outside of session...jonathanturley.org/2025/03/07/we-…
Read 7 tweets
Mar 6
Green was censured, but only 9 Democrats joined in the motion. The Democrats then refused to clear the well and disrupted Speaker Johnson's efforts to complete the censure process. The sound you heard was the Democratic party hitting rock bottom in this disgraceful display...
Faced with the first member to be expelled during a joint session address, the Democrats followed a censure over his disruption by disrupting the business of the House. Johnson showed admirable restraint and put the house into recess...
...With this vote and the subsequent protest in the well, the party has cut itself adrift from any principle of decorum or civility. It turns out that only 8 Democrats voted for the motion. Two voted present. Green said he would do it again and the rest of the party supported him
Read 4 tweets
Feb 25
The 1st Circuit just held that parents have no right to know about their 11-year-old changing gender in school. This "unwritten policy" was viewed as overriding parental rights. The decision is defended as a reflection of our "pluralistic society"...ca1.uscourts.gov/sites/ca1/file…
...The court wrote: "our pluralistic society assigns those curricular and administrative decisions to the expertise of school officials, charged with the responsibility of educating children." There is no more cherished right that citizens possess than raising their children...
...Indeed, the right to raise one's children according to your own faith and values is the touchstone of freedom. Conversely, the subordination of such rights is the harbinger of state tyranny...
Read 4 tweets

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