Hirono's voice rises questioningly as she has to pronounce the unfamiliar word "connection"
Barrett's reaction when Hirono claims to have read an opinion she just misrepresented
Hirono joins Whitehouse in pretending to be against Justices who signal interest in overturning a precedent, which of course is something they believe in when liberal Justices do it.
Recall that it is widely cheered when Justices such as Stephen Breyer use dissents to signal that they would invite challenges to the death penalty. themarshallproject.org/2015/07/02/wha…
Hirono is now complaining that 5-4 decisions that included Roberts in the majority with the four liberals would be in jeopardy now - which is very off-message with Whitehouse's theory that there is a "Roberts Five" of conservatives conspiring to be bought off by conservatives.
Now, Hirono is saying that Justice Department preclearance of state election laws should be required because the Justice Department cannot be trusted to protect voting rights.
Hirono asks if there is a conflict in having three Justices who worked on Bush v Gore twenty years ago, involving different candidates, simply because it involves an election. This is bonkers. Recusal does not work anything like this.
Mazie Hirono should be on the Democrats' national ticket. She is really a perfect representative of their understanding of the law.
If Hirono was a Republican, the Jon Stewart progeny in late-night comedy would dedicate segments to her every single night.
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Kamala Harris, talking about the history of flatly discriminatory treatment of black voters, unintentionally makes the case for an originalist interpretation of the 14th & 15th Amendments, without fear or favor, which the Court failed to apply for many years.
Barrett corrects Harris' claim that the Court
in Shelby County struck down Section 5's preclearance rule, as opposed to telling Congress that it had to cite some evidence to decide what jurisdictions were covered.
Harris rather obviously is framing these questions specifically to get Barrett to not answer them.
Booker says it is a "herculean task" to read all of Barrett's opinions that she has written in three years on the bench.
Booker says that family separation policy is not "hotly debated."
Booker pivots from complaining about having to read Barrett's opinions to expressing his incredulity that Barrett has not read & evaluated every study on criminal justice.
Whitehouse, who claimed yesterday to be against special-interest money in politics, now starting in against the Janus decision that restricted unions' special-interest right to extract money for politics from their members without their consent.
Whitehouse now against activist litigation groups & the class-action plaintiffs bar finding a plaintiff to challenge something - well, except that he's only against that if it is for a conservative cause, then he's for it.
Whitehouse now says that litigants should demand rulings in their favor by lower courts even when precedent precludes that. He should probably read about how Thurgood Marshall & Ruth Bader Ginsburg got cases to the appeals courts.
Feinstein is playing the game with the Voting Rights Act where you either are for everything ever in the statute, or against everything ever passed under the name "Voting Rights Act."
Barrett now explaining the preclearance formula issue in Shelby County. Feinstein still ranting about a Scalia remark at oral argument.
Now Feinstein, who is 87, is very concerned about age discrimination.
Barrett's face when Booker asks if she's against white supremacy.
Barrett refuses to get into what Trump has or hasn't said, but gives an eloquent defense of the vital importance of a peaceful transfer of power in the American system - pointedly including the acceptance of defeats.
Unsurprisingly, Barrett won't wade into the (long-disputed, never resolved) legal question of what would happen if a president tried to pardon himself.
Hirono: Wait, are you telling me policy considerations are something *we* should address?
Barrett: Yes, you write the laws.
Hirono: are you saying that the stories of people are legal arguments? The real life stories? Those are part of the law? [Yes, she's really this unintelligible]
The really astounding thing was how Hirono seemed genuinely baffled by the concept that maybe the job of a judge is not the same as the job of a legislator. As if hearing it for the first time.