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

Apr 22
The Supreme Court appears ready to reverse the Fourth Circuit and rule for the parents in the Mahmoud v. Taylor matter. The question is how. Some of us are hoping that it will not just declare that this is a violation of religious freedom but to affirm parental rights...
...The Court once gave a full-throated endorsement parental rights in Pierce v. Society of Sisters (1925). It should do so again, but some justices may not be ready to go that far...
...Justice Ketanji Brown Jackson was particularly active and argumentative in challenging the counsel for the parents. However, the most concerning statement was when she declared that parents “can choose to put their kid elsewhere”...
Read 4 tweets
Apr 22
Justice Thomas led questioning in Mahmoud v. Taylor to confirm that the school was requiring the use of the book at least five times a year while refusing to allow families to opt out...
...Eric S. Baxter (representing the parents) is getting close questioning from Justice Sotomayor whether "the mere exposure" to these books is a real "burden."...
...Justice Sotomayor portrayed the books as merely depicting same sex marriages and other imagery. Her colleagues just pushed back, including Alito, who said that the book "has a clear message" and cannot be portrayed as mere exposure to same sex marriage...
Read 25 tweets
Apr 15
Fox just broke a criminal referral against Letitia James over alleged fraudulent housing loan filings. The filings include allegedly false representations that an out-of-state residence was her principal residence and other dubious claims...
...I reviewed the referral before going on Fox tonight. It took me less than a minute to find cases prosecuted under 18 U.S.C. 1014 for false claims of principal residences and the other allegations...
...For James, the irony is crushing. She previously prosecuted Trump for everything short of ripping a label off a mattress. She emphasized that Trump was ultimately responsible for any filings made in his name or that of his company...
Read 6 tweets
Apr 14
After the arson at the home of Gov. Shapiro, I was deluged with emails due to my past writings on the rise in leftist violence. One writer seemed to gloat about a conservative arsonist and asked why "no morally superior comments about that? At the risk of being a buzz kill...
...USA Today is reporting that Cody Balmer was a critic of both Biden and Trump and had a particular hatred for Shapiro. That does not mean that violence does not come from far-right groups. It has and is equally disgraceful...usatoday.com/story/news/inv…
...Indeed, we still do not know much about Balmer's motivation and this certainly appears to be political violation. He appears deeply disturbed and his life was falling apart...
Read 4 tweets
Apr 11
According to Fox, the judge in the Khalil case has just indicated that his deportation can move forward and that he is "removable." Khalil will now be allowed time to appeal...
...That would be a major win for the Trump Administration. As I just mentioned on Fox, the Administration seemed intent on winning this case on the statute rather than the case facts. It clearly wanted to establish precedent for hundreds of other cases...
...It will now likely use the same two-page declaration or a variation in other cases. The problem for Khalil's counsel is the underlying conduct, which is sweeping in its authority afforded to the Secretary of State.
Read 4 tweets
Mar 30
Some Democrats seem to be moving from coded racism to outright racism, as with the mayor of Newark. Not to be outdone, Rep. Jasmine Crockett attacked Rep. Byron Donalds (who has a white wife): “Married a white woman ... and now you're whitewashed.”...jonathanturley.org/2025/03/29/rei…
...After the absurd spin on mocking the Texas governor as wheelchair bound, it will be a challenge to spin out of this openly racist attack on Donalds. This is the woman who was celebrated by the Human Rights Campaign where the audience laughed uproariously at the Abbott attack.
...These are people addicted to rage. They do not like to admit it, but they like it. They are rage addicts. simonandschuster.com/books/The-Indi…
Read 5 tweets

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