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

Jul 29
President Biden is citing a series of cases with which he disagrees as the basis for seeking to fundamentally change the Court. The message is clear. If the Court ruled as he demanded, it would not have to be changed...
...Biden states that we need to chance the court with "regularity". He appears to be saying that this would be done legislatively. Then why not 8 years or 2 years instead of 18 years? If Congress has that authority, it could the occupants faster than a South Beach time share...
...Biden is citing President Johnson who pushed to change the law (and the Court) without seeking to fundamentally change the institution itself...
Read 5 tweets
Jul 21
The decision of Joe Biden to withdraw from his reelection bid raises the obvious question of how he can continue as president if he is incapable of running for that office. The Democratic Party seems to have created its own 25th Amendment, but ...
...there remains the "other" 25th Amendment. This is a type of 25th-lite option where you lack capacity to run but not to serve for an office...
...It also focuses attention on the efforts of Democrats to drop any challengers or hold any debates through the primary as millions voted for Biden. Holding a party "primary" in a matter of weeks is hardly a substitute for a primary campaign to expose candidates to prolonged scrutiny...jonathanturley.org/2023/12/04/bal…
Read 8 tweets
Jul 16
The conviction of Sen. Menendez in Washington is monumental. He was one of the untouchables. Despite long being viewed as corrupt, Menendez wielded power with abandon for his own benefit...
...The problem was the defense theory. Menendez tried to convince the jury that this was a "Cuban thing." They clearly viewed it as a "corruption thing"...
...The images of gold bars and cash stuffed in clothes is difficult to overcome with a cultural claim. Yet, this conviction is an indictment of the Washington establishment. Menendez was always viewed as a corrupt figure but he was still given powerful positions that he used for corrupt purposes...
Read 4 tweets
Jul 15
The dismissal of the classified documents case is a seismic development. From the beginning of all of these cases, I have said that the Mar-a-Lago case was the greatest threat to the former president. It is now dismissed.
...This was the three-point shot for Trump. The easier basket was the D.C. case despite a far more favorable judge for Jack Smith. That case is inundated with presumptively privileged evidence and challenged charges...
...Judge Cannon's decision mirrors the views of many leading lawyers who see the same constitutional flaw that led Justice Clarence Thomas to expressly raise his issue in his recent opinion...
Read 10 tweets
Jul 15
President Biden just referred to "former Trump" but said that he is doing well...
...The address hit the right tone to bring the temperature of the country down. It was the right message at the right time...
...It was a very different feel (and lighting) from his Philadelphia speech (which he referenced just a few days ago). The public saw that speech as spreading division. jonathanturley.org/2022/09/08/a-d…
Read 6 tweets
Jul 8
Karine Jean-Pierre has the makings of a full riot in the press room as she tries to explain misleading past statements...
...KJP is continuing to read the same two lines over and over again rather than answer if the reports are true that Parkinson's specialists have been consulted with repeatedly...
...KJP doubled down on saying no to any cognitive testing...
Read 4 tweets

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