.@espinsegall in the ACS Expert Forum Blog: Judge Amy Coney Barrett stated during her confirmation hearings that she's an originalist, which is meaningless as it relates to interpretation, but suggests that she'll consistently cast conservative votes acslaw.org/expertforum/ju… (1/9)
There are conservative, moderate and liberal judges, but there are no originalist judges, Professor Segall argues (2/9)
In the 1970s and 80s, originalists like Robert Bork were opposed to judges overturning state & federal law absent a clear inconsistency with constitutional text (3/9)
After years of conservative judges being appointed by Republican administrations, originalist calls for judicial deference changed to justifications for aggressive originalist judicial review of state & especially federal laws (4/9)
Judges began resorting to discussions of constitutional history only when doing so supported the results they wanted on other grounds (5/9)
Judge Barrett’s originalism has nothing to do with deferring to legislative majorities and everything to do with reaching conservative policy results, Segall argues (6/9)
True originalist judges would have to adopt a strong deferential stance towards state & federal laws because that was the original understanding of the power of judicial review, Segall points out, citing Federalist No. 78 (7/9)
Therefore, according to him, Judge Barrett’s alleged commitment to originalism is an empty promise devoid of constraining effect (8/9)
Read more from our ACS Expert Forum blog post by @espinsegall acslaw.org/expertforum/ju… (9/9)

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More from @acslaw

27 Oct
ACS President @russfeingold released this statement in response to the Senate’s vote tonight to confirm Judge Amy Coney Barrett to #SCOTUS acslaw.org/press_release/… (1/12)
Today, the majority of the US Senate has engaged in an unprecedented power grab (2/12)
The Right has delegitimized and damaged #SCOTUS, the very body it desperately seeks to control and use as an instrument of reactionary power (3/12)
Read 12 tweets
26 Oct
From our first issue brief by Kristina Silja Bennard back in 2005 (!) on the confirmation hearings of #RBG and answering questions while maintaining judicial impartiality (1/21)
Read the entire ACS issue brief here acslaw.org/wp-content/upl… (2/21)
Bennard: The hearings for #RBG in 1993 provide a good example of how a nominee balances her obligation of impartiality with the need to shed light on her fundamental views (3/21)
Read 21 tweets
12 Oct
ACS President @russfeingold released this statement as the Senate begins hearings for #SCOTUS nominee Amy Coney Barrett (1/8):
The illegitimate plan to seat another extremely conservative #SCOTUS justice will allow the Right to achieve their ultimate goal: locking down a supermajority that could last for a generation (2/8)
By doing so, the Right will effectively steal the future of the younger generation – and generations to come. This generation will not be able to forge its own way or make manifest the promises in our Constitution (3/8)
Read 8 tweets
24 Sep
ACS grieves with Breonna's family and the Louisville community, particularly its Black community, and shares in its anger at the failure of the criminal legal system to afford justice for Breonna. (1/4)
cnn.com/videos/justice…
While we in the public are not privy to the proceedings or deliberations that led to the grand jury's decision, a system that fails to hold police officers criminally responsible for an avoidable and tragic death at their hands is a system that is not working toward justice (2/4)
True justice, healing, and reconciliation is not possible until our criminal legal system, and the police that are its vanguard, acknowledge the humanity of all Black, Indigenous, and People of Color. (3/4)
Read 4 tweets
19 Sep
The Senate should not address the SCOTUS vacancy until after the inauguration. (1/5)
ACS President Russ Feingold: "As we continue to celebrate the life and mourn the passing of Justice Ginsburg, in thinking about her towering accomplishments I am again struck by how completely devoted she was to using the law as a means to improve the lives of all people." (2/5)
"Now, ironically and potentially tragically... those obsessed with destroying the ACA and denying millions of Americans their basic human right to health care will be back in the Supreme Court. On Nov 10. they will argue again that the Court should strike down the ACA." (3/5)
Read 5 tweets
15 Sep
One stunning trend in this administration’s federal judicial nominees is the lack of diversity. Of the 208 Art. III judges confirmed under President Trump, only 3.37% are Black. acslaw.org/judicial-nomin… (1/6)
Only 38 active Article III judges are Black women, which is only 4.3% of all active Art. III judges. However, during this administration only 1 of the 208 confirmed nominees has been a Black woman, a mere 0.48% (2/6)
As ACS’s groundbreaking Gavel Gap study found, the problem is just as bad with state courts. People of color are 40% of the population, but less than 20% of state court judges. gavelgap.org (3/6)
Read 6 tweets

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