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12 Oct 2020, 6:36 pm by Howard Bashman
Supreme Court nominee Barrett has proven steadfastly conservative”: Andrew Chung and Lawrence Hurley of Reuters have this report. [read post]
12 Oct 2020, 6:34 pm by Howard Bashman
“Judge Barrett and the Affordable Care Act”: At the “Balkinization” blog, Gerard N. [read post]
12 Oct 2020, 6:30 pm by Howard Bashman
“Two Questions for Judge Barrett About Stare Decisis: In a constitutional case, should a justice ever stand by a clearly erroneous precedent? [read post]
12 Oct 2020, 6:18 pm by Howard Bashman
“Antonin Scalia’s legacy looms over the Amy Coney Barrett hearings”: Joan Biskupic of CNN has this report. [read post]
12 Oct 2020, 3:56 pm by Gerard N. Magliocca
How, then, can Judge Barrett not recuse in Texas v. [read post]
12 Oct 2020, 3:15 pm by Patrick S. O'Donnell
In reading Amy Barrett’s “opening statement” today before the Senate Judiciary Committee Hearing, I came across the following standard or ritualized utterance made on such occasions: “I come before this committee with humility about the responsibility I have been asked to undertake, and with appreciation for those who came before me. [read post]
12 Oct 2020, 1:50 pm
From the transcript (the first line in boldface is the key line, the most predictable and indispensable line but I've also boldfaced something else that I think is distinctive and important): Ranking Member Feinstein and members of the committee, I’m honored and humbled to appear before you today.... [read post]
12 Oct 2020, 12:55 pm by William Ford, Tia Sewell
.: The Senate Judiciary Committee will hold the first of four consecutive days of hearings on the nomination of Judge Amy Coney Barrett to serve as an associate justice of the U.S. [read post]
12 Oct 2020, 12:54 pm by Anna Salvatore
According to the Wall Street Journal, Democrats warned that Barrett would harm Americans by repealing the Affordable Care Act. [read post]
12 Oct 2020, 12:36 pm by Tom Smith
While much of the commentary about Judge Barrett’s nomination has focused on the real prospect that Roe v. [read post]
12 Oct 2020, 12:31 pm
Over at The Commonwealth Fund, health-law prof and ACA expert extraordinaire Tim Jost properly focuses not on whether CJ Roberts got it right when he upheld the individual mandate as a proper exercise of Congress's powers under the Taxing Clause of the Constitution (Judge Barrett has argued that he did not) or when he upheld access to ACA premium tax credits for individuals enrolled in insurance [read post]
12 Oct 2020, 12:30 pm by Tom Smith
This means that if one or fewer Democrats show up to the planned Oct. 22 meeting where the Judiciary Committee plans to vote on the Barrett confirmation then they could prevent the committee from reporting the nomination to the Senate. [read post]
12 Oct 2020, 12:01 pm by Associated Press
Supreme Court nominee Amy Coney Barrett declared Monday that Americans “deserve an independent Supreme Court that interprets our Constitution and laws as they are written," encapsulating her conservative approach to the law that has Republicans excited about the prospect of her taking the place of the late Justice Ruth Bader Ginsbur g before Election Day. [read post]
12 Oct 2020, 12:00 pm by SCOTUStalk
Amid an ongoing pandemic, the recent death of Justice Ruth Bader Ginsburg and a looming confirmation battle, the eight justices of the Supreme Court began a new term last Monday. [read post]
12 Oct 2020, 11:29 am by Dale Carpenter
But Judge Barrett, your approach to stare decisis seems more subtle and possibly adds a wrinkle. [read post]
12 Oct 2020, 11:08 am by Howard Bashman
“Charles Koch’s Big Bet on Barrett; For almost 50 years, the multibillionaire has been pushing for a court unfriendly to regulation of the market; He may be on the brink of victory”: Christopher Leonard has this essay online at The New York Times. [read post]
12 Oct 2020, 10:12 am by Howard Bashman
“Don’t Be So Sure a Justice Barrett Would Overturn Roe; She has already been called an extremist on questions of precedent; But in her writing, she has expressed a decidedly mainstream view”: Professor Keith E. [read post]
12 Oct 2020, 10:05 am by Howard Bashman
“Republicans try to squeeze last electoral juice out of Supreme Court fight; With Judge Amy Coney Barrett’s confirmation hearings set for Monday, the political energy of high court battles is shifting toward Democrats”: Jonathan Allen of NBC News has this news analysis. [read post]