The Senate Judiciary Committee has formally set a panel vote on Amy Coney Barrett’s nomination to the Supreme Court for Oct. 22 at 1 p.m. Eastern time, the Washington Post reports.
More Events Not Listed on Barrett’s Senate Paperwork
“Public calendars from the University of Notre Dame’s law school show at least seven additional talks not listed on Judge Amy Coney Barrett’s Senate paperwork, including one with the law school’s anti-abortion group,” CNN reports.
McConnell Wants to Know If Democrats Will Pack the Court
Senate Majority Leader Mitch McConnell (R-KY) called out Democrats for not ruling out the prospect of their party adding more seats to the Supreme Court if Joe Biden wins the White House and they capture the Senate, The Hill reports.
Said McConnell: “It is bizarre to watch Vice President Biden and other Democrats refuse to give a straight answer on their own party’s threats to pack the Supreme Court.”
How Conservative Is Amy Coney Barrett?
FiveThirtyEight: “We can look to her track record on the 7th U.S. Circuit Court of Appeals, though, for clues. Barrett has served on that court for almost three years now, and two different analyses of her rulings point to the same conclusion: Barrett is one of the more conservative judges on the circuit — and maybe even the most conservative.”
Barrett Explains Originalism
Amy Coney Barrett explained her belief in “originalism” at her Senate confirmation hearing: “That means that I interpret the Constitution as a law… I understand it to have the meaning that it had at the time people ratified it. That meaning doesn’t change over time and it’s not up to me to update it or infuse my policy views into it.”
Hillary Clinton: “At the time the Constitution was ratified, women couldn’t vote, much less be judges.”
Barrett Won’t Say If President Can Delay an Election
At her Senate confirmation hearing for the Supreme Court, Judge Amy Coney Barrett wasn’t willing to acknowledge that the president can’t unilaterally delay an election.
Barrett Won’t Rule Out Trump Pardon of Himself
At her Senate confirmation hearings for the Supreme Court, Judge Amy Coney Barrett would not say whether she believed President Trump should be able to pardon himself as president.
Barrett said that question had never been litigated and thus called for “legal analysis” about the scope of the pardon power.
Justices Let Trump End Census Count Early
The Supreme Court let the Trump administration end the census count more than two weeks early, dealing a blow to civil rights groups that said minorities will be undercounted as a result, Bloomberg reports.
Trump Brings Tax Return Case to Supreme Court Again
“President Trump asked the Supreme Court to block lower court decisions that would give the Manhattan District Attorney’s office access to years of his income tax returns,” CNBC reports.
“Trump’s lawyers filed an emergency application with the Supreme Court asking the court to issue a stay on a grand jury subpoena demanding those tax returns and other financial records from his accountants.”
Barrett Says Trump Never Asked About Obamacare Case
Judge Amy Coney Barrett testified before the Senate Judiciary Committee that she has never discussed with either President Trump or any other officials how she would vote on a pending case on the fate of the Affordable Care Act, the Washington Post reports.
Said Barrett: “Absolutely not. I was never asked. And if I had been, that would have been a short conversation.”
Barrett, speaking generally, added “no one ever talked about any case with me.”
Justices Refuse to Hear Emoluments Case
“The Supreme Court on Tuesday declined to take up a case by 29 Senate Democrats who alleged that President Trump violated the Constitution’s Emoluments Clause, which prohibits self-dealing by federal officeholders,” The Hill reports.
Majority Says Wait on Supreme Court Seat
Six in 10 registered voters say the U.S. Supreme Court should uphold Roe v. Wade as the basis of abortion law in the United States, and a majority in an ABC News/Washington Post poll — albeit now a narrow one — says the Senate should delay filling the court’s current vacancy.
Ex-Members of Religious Group Mixed on Barrett
Supreme Court nominee Amy Coney Barrett’s affiliation with the Christian community People of Praise is drawing scrutiny because of what former members and observers describe as its ultraconservative views on women, the AP reports.
“In interviews with a dozen former members of the organization and graduates of the schools it runs, most told The Associated Press that Barrett’s association with the group should be examined when the Senate takes up her nomination beginning Monday.”
“Some were proud and excited that one of their own could soon be on the high court, in a position to roll back abortion rights.”
“Others were deeply concerned about that threat, and also about the community’s teachings on gender, gay rights, and other social issues. They also raised flags about what they describe as the organization’s authoritarian structure.”
Amy Coney Barrett Played Role In Bush v. Gore
“Amy Coney Barrett was just three years out of law school, a 28-year-old associate at a boutique Washington law firm, when she was dispatched to Florida to help George W. Bush’s legal team rescue thousands of Republican absentee ballots,” the Washington Post reports.
“The litigation was a sidebar to the central drama of the 2000 presidential contest, but a loss in the case could have cost Bush the presidency.”
“At issue were thousands of absentee ballot request forms in Martin County — just north of Palm Beach County, home of the notorious ‘butterfly ballot’ — that had missing voter registration information.”
School of Barrett’s Children Reports Outbreak
“A school attended by some of the children of Amy Coney Barrett, the Supreme Court nominee who brought her family to a Rose Garden celebration at the White House on Sept. 26, notified parents on Thursday that one teacher and two high school students had tested positive for the coronavirus,” the New York Times reports.
“The outbreak at Trinity School, a small, private school in South Bend, Ind., is likely to intensify scrutiny of the White House event that some health experts fear led to the virus spreading among administration officials, guests and others who subsequently came in contact with them.”
Barrett Served as ‘Handmaid’ In Christian Group
“While Supreme Court nominee Amy Coney Barrett has faced questions about how her Catholic faith might influence her jurisprudence, she has not spoken publicly about her involvement in People of Praise, a small Christian group founded in the 1970s and based in South Bend, Ind,” the Washington Post reports.
“Barrett, a federal appellate judge, has disclosed serving on the board of a network of private Christian schools affiliated with the group. The organization, however, has declined to confirm that she is a member. In recent years, it removed from its website editions of a People of Praise magazine — first those that included her name and photograph and then all archives of the magazine itself.”
“A 2010 People of Praise directory states that she held the title of ‘handmaid,’ a leadership position for women in the community.”
Vulnerable Senators Play Down Supreme Court Shift
ABC News: “On the campaign trail, rather than touting that prospect, several prominent Republican senators up for reelection are downplaying a possible conservative shift on the court in an attempt to avoid a potential backlash on Election Day.”
“Some incumbents appear to be minimizing the implications of Barrett’s addition to the court, arguing that even with six conservative justices — three nominated by Trump — the court might not always rule in favor of the GOP’s core policy goals.”
How Trump’s New Court Will Impact Elections
Rick Hasen: “When Judge Amy Coney Barrett sits for questions before the Senate Judiciary Committee in mid-October, no doubt Democrats will pepper her with questions about whether she would recuse herself in any Trump v. Biden election lawsuit to come before the Supreme Court. Although that’s an important question to ask, perhaps the bigger question is what it would mean in the long run for voting and election cases to have a sixth conservative justice on the Supreme Court.”
“In short, a Barrett confirmation would make it more likely we will see a significant undermining of the already weakened Voting Rights Act — the Court said on Friday it will hear a case involving the law. A 6-3 conservative Court might allow unlimited undisclosed money in political campaigns; give more latitude to states to suppress votes, especially those of minorities; protect partisan gerrymandering from reform efforts; and strengthen the representation of rural white areas, which would favor Republicans.”
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