Amy Coney Barrett supreme court nomination hearings begin in Washington – live | US news

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The questioners should refrain from asking Barrett about her Catholic religious beliefs. No one should be appointed or defeated on account of his or her religion.

Instead, the senators should focus on her judicial philosophy. Judge Barrett, like Justice Antonin Scalia before her, has repeatedly described herself as an originalist, saying that the meaning of a constitutional provision is fixed when it is adopted and can be changed only by constitutional amendment. In this view, it is the intention of the framers that matters, and societal shifts over the centuries should never be considered in rendering an opinion.

With that in mind, one line of questioning should be to push Barrett on whether she can identify anyone holding this originalist approach who ever has supported abortion rights or the right of same-sex couples to marry.

A second line of questioning should focus on how little weight she would give to previous rulings. As a law professor, Barrett wrote that precedent deserves little, if any weight, in constitutional law, noting that, “a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it.”

A third line of questioning should focus on Barrett’s writings compared to her rulings on the bench. As a law professor, she strongly criticized Supreme Court decisions protecting a woman’s right to abortion, upholding the Patient Protection and Affordable Care Act, and establishing a right of gay and lesbian couples to marry. She should be pressed to identify any instance as a judge where she took a position different from what she espoused as an academic.

Hafta Ichi
Source: The Guardian
Keyword: Amy Coney Barrett supreme court nomination hearings begin in Washington – live | US news

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