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.
Harris now wants judges to arbitrate questions of climate science.
Barrett points out that Harris is trying to leap from an uncontroversial to a controversial point.

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More from @baseballcrank

14 Oct
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.
Read 10 tweets
14 Oct
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 Image
Read 10 tweets
14 Oct
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.
Read 5 tweets
14 Oct
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.
Read 10 tweets
13 Oct
Barrett's face when Booker asks if she's against white supremacy. Image
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.
Read 9 tweets
13 Oct
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.
Read 10 tweets

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