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Trump Nominates Amy Coney Barrett for Supreme Court

Donald Trump held a live ceremony today nominating Amy Barrett to the Supreme Court. She has been a judge on the 7th Circuit Court of Appeals since 2017 when Trump nominated her. She is a former law clerk to Anton Scalia.

She and her husband have seven children, one of whom has Downs syndrome and two of which are adopted from Haiti. She is the first mother of school age children to serve on the Supreme Court.

Trump says, "Amy will decide cases based on the text of the Constitution".

In July, Barrett was part of a three court panel that unanimously ruled against the Republican Party in a lawsuit it had brought against Illinois Governor Jay Pritzger, seeking a Temporary Restraining Order against coronavirus restrictions he had ordered. The suit was based in part on freedom of religion. The 7th Circuit opinion includes this: [More...]

As for the balance of harms, we see no logical stopping point to the plaintiffs' position here; they seem to want an all-or-nothing rule.

COVID-19 is "a novel severe acute respiratory
illness that has killed ... more than 100,000 nationwide. At this time, there is no known cure, no effective treatment, and no vaccine. Because people may be infected but asymptomatic, they may unwittingly infect others." ....

If 100 Democrats or 100 Republicans gather and ten get infected, those ten may go home and infect a local shopkeeper, a local grocery-store worker, their postal carrier, or their grandmother—someone who had no interest in the earlier gathering. Thus, the balance of harms in this instance strongly favors the governor.

Citation: Ill. Republican Party v. Pritzker, 2020 U.S. Dist. LEXIS 116383, 2020 WL 3604106 (N.D. Ill., July 2, 2020)

Back to the present. Amy talks after Trump: She loves the United States and the United States Constitution. She eulogizes the late Justice Ruth Ginsburg: "She not only broke glass ceilings, she smashed them." She talks about Ginsburg's and Scalia's friendship and affection despite their differences on the law.

I don't think Trump's nomination of Amy Barrett is the worst possible choice. I think 11th Circuit Court Judge Barbara Lagoa would have been much worse.

The worst part of today's ceremony: Most of the audience were not wearing masks and sitting shoulder to shoulder.

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  • Display: Sort:
    Great Biden campaign response (5.00 / 3) (#53)
    by MO Blue on Sun Sep 27, 2020 at 10:30:55 PM EST
    to Trump's demand that Biden submit to a drug test before the debate.

    "Vice President Biden intends to deliver his debate answers in words. If the president thinks his best case is made in urine he can have at it," said Kate Bedingfield, Biden's deputy campaign manager. "We'd expect nothing less from Donald Trump, who pissed away the chance to protect the lives of 200K Americans when he didn't make a plan to stop COVID-19."

    Yahoo News

    Could we have a debate thread? (5.00 / 1) (#67)
    by CaptHowdy on Tue Sep 29, 2020 at 10:03:18 AM EST
    Or an open thread.  Or maybe both.
    Thanks


    God help the undecided voter (5.00 / 1) (#69)
    by CaptHowdy on Tue Sep 29, 2020 at 07:29:21 PM EST
    I sort of think if you are still undecided you should not be allowed to vote.  Or use sharp objects.

    And you definitely should not be on tv.

    I have not (5.00 / 2) (#70)
    by Ga6thDem on Tue Sep 29, 2020 at 07:46:49 PM EST
    listened to any of those so called panels. I guess this is the new thing in an election year. We have had 4 stupid years of interviewing ignorant Trumpers in diners. 2020 undecided voters would make me scream.

    Parent
    Lindsey Olin Graham (none / 0) (#1)
    by ragebot on Sat Sep 26, 2020 at 04:42:48 PM EST
    says hearings will start 12 October.

    You mean (none / 0) (#2)
    by Ga6thDem on Sat Sep 26, 2020 at 05:55:23 PM EST
    he's going to stop begging for money long enough and talking about how everybody hates him to actually hold hearings?

    Parent
    I really don't (none / 0) (#3)
    by Ga6thDem on Sat Sep 26, 2020 at 05:56:38 PM EST
    care. Biden can add justices and Kavanaugh is more than likely going to be removed.

    I question her ethics though since she would accept a nomination from Trump. I believe anyone who was ethical wouldn't accept a nomination from Trump.

    why would Kavenaugh be removed? (5.00 / 1) (#5)
    by Jeralyn on Sat Sep 26, 2020 at 06:51:34 PM EST
    I doubt that.

    Plenty of people (like very rich people) support Trump and I doubt anyone one would turn down a Supreme Court nomination or any other lifetime appointment due to who nominated her.

    Parent

    OK I'll bite (none / 0) (#6)
    by sarcastic unnamed one on Sat Sep 26, 2020 at 06:53:19 PM EST
    how is Kavanaugh more than likely going to be removed?

    Parent
    Lying under (none / 0) (#20)
    by Ga6thDem on Sun Sep 27, 2020 at 07:14:36 AM EST
    oath. It seems Bob Woodward has the info and didn't come forward during Kavanaugh's hearing because his boss didn't think he should burn a source.

    Parent
    You mean this? (none / 0) (#34)
    by sarcastic unnamed one on Sun Sep 27, 2020 at 02:08:46 PM EST
    Woodward was reportedly set to expose Kavanaugh as an anonymous source for his 1999 book "Shadow: Five Presidents and the Legacy of Watergate." At the time the book was being written, Kavanaugh served as a lawyer on independent counsel Ken Starr's team in its investigation of President Clinton.

    The revelation would have publicly contradicted what Kavanaugh said in a letter to the Post in 1999, the Times noted.

    Woodward's unmasking of Kavanaugh was set to be published in October 2018, according to the Times, which added that Post executive editor Martin Baron urged Woodward to not burn his source because it would be "bad for Bob" and the newspaper itself if Kavanaugh were exposed.

    Woodward's story never ran as a result.



    Parent
    Yes (none / 0) (#35)
    by Ga6thDem on Sun Sep 27, 2020 at 03:31:58 PM EST
    I believe he was asked about this in his confirmation hearings and lied about it. Plus remember McGahan said that Kavanaugh would never pass a full background check and that is why they were not doing it. Obviously it seems the GOP found something there.

    Parent
    Interesting. (none / 0) (#43)
    by sarcastic unnamed one on Sun Sep 27, 2020 at 05:31:15 PM EST
    From watching him testify at the (none / 0) (#45)
    by Peter G on Sun Sep 27, 2020 at 06:41:13 PM EST
    confirmation hearing, I would say this was just one of the subjects on which it looked like Kavanaugh was committing perjury.

    Parent
    It sounds like the democrats (none / 0) (#4)
    by CaptHowdy on Sat Sep 26, 2020 at 06:26:08 PM EST
    are on the right path.  From m WaPo -

    "Instead, in sync with Joe Biden's presidential campaign, Democrats want to replicate their successful 2017 fight to preserve the Affordable Care Act, which peeled off enough GOP senators to defeat Trump's bid to repeal the health law. They remain skeptical of defeating this particular nominee, expected to be Judge Amy Coney Barrett, but Democrats believe this policy-focused message could propel them to big wins in the November elections."

    I think this is smart.  Make sure everyone knows what  the stakes are.  These hearings will be the perfect place to make the case.

    IMO they need to stay miles away from her religion no matter how weird it is.  

    They can't stop this but they can use it.  It might not be the worst thing to have three Trump appointees vote against Trumps little coup.  

    And then when we are rid of the First Crime Family the senate can add a couple more justices.

    Raw Story (5.00 / 1) (#7)
    by CaptHowdy on Sat Sep 26, 2020 at 06:53:41 PM EST
    Meanwhile, polls show that the majority of voters in general would prefer to have the court vacancy filled by whoever is sworn in come January. And women aren't an exception.

    When Sarah Longwell, a Republican political strategist, held a focus group Thursday night with Republican women in swing states who previously voted for Trump, none of them favored the idea of moving forward with a confirmation process before the election, and several said they were more likely to support Biden as a result. Many of them expressed respect for Ginsburg, and were uncomfortable with the idea of a replacement justice swinging the court's ideological balance further to the right.

    And the focus on selecting a woman for the nominee? "They thought it was a transparent play for voters," Longwell said.

    RS


    Parent

    I don't think anyone cares (none / 0) (#9)
    by Jeralyn on Sat Sep 26, 2020 at 06:57:26 PM EST
    about what the people want. No Republican is going to get ousted in November for having voted for a Republican nominee for the court.

    I really think this is a losing issue, and a distraction by Trump, to have people focus less on the election.

    I think it is a done deal that Barrett will be confirmed. Dems need to move on to November.

    Nonetheless, thanks for sharing the article. This is just healthy disagreement.

    Parent

    Also (5.00 / 1) (#12)
    by CaptHowdy on Sat Sep 26, 2020 at 07:09:37 PM EST
    I have heard this will be bad because it will force Kamala to stop campaigning and sit in the hearings.

    I think this is nuts.  First no one is really campaigning.  Second she could not ask for a better forum that these hearings.  That will be seen by millions and IMO are made for her.

    Parent

    I disagree (none / 0) (#11)
    by CaptHowdy on Sat Sep 26, 2020 at 07:05:18 PM EST
    Pretty completely.  I think people will vote against republicans.  Not just for this vote but because they are republicans.

    This pick is a great chance to focus the country on exactly what Republican government means.

    And there is going to be hearings.  Ignoring them would look stupid and weak IMO.

    I do not think this is a losing issue.  Just the opposite.

    Parent

    Republicans (none / 0) (#21)
    by Ga6thDem on Sun Sep 27, 2020 at 07:18:07 AM EST
    can't be elected by Republican votes alone and in places like here in GA which are polling 50/50 it could make enough difference to send Perdue packing.

    Parent
    I don't understand (none / 0) (#18)
    by CaptHowdy on Sun Sep 27, 2020 at 06:30:25 AM EST
    The troll rating for this comment

    -shrug-

    Parent

    Very sorry. Just a (5.00 / 1) (#29)
    by Peter G on Sun Sep 27, 2020 at 11:00:26 AM EST
    late-night finger-slip!

    Parent
    do you really think (none / 0) (#8)
    by Jeralyn on Sat Sep 26, 2020 at 06:54:42 PM EST
    Joe Biden's nominations will be anything but mainstream? I don't. He is not now, and never has been, a progressive, let alone a liberal.

    What I don't want is another Alito.

    I would skip the court battles and spend time on getting out the vote if I were Biden. That's where he is in trouble. No one cares about him or is excited about him.

    Parent

    I believe (none / 0) (#10)
    by CaptHowdy on Sat Sep 26, 2020 at 07:01:27 PM EST
    THe idea is to get out the vote by focusing on the ACA and reproductive rights.  Both threatened by this pick.

    And i think it will work.

    Beyond that not sure why this "excitement for Biden" stuff keeps being a thing.

    Nope.  No one is excited for Joe.   All he has to do is not give them a reason to vote against him because they are very excited about voting against Trump.

    Parent

    You and I (5.00 / 1) (#22)
    by Ga6thDem on Sun Sep 27, 2020 at 07:36:31 AM EST
    are on the same page with this. Maybe it is because we live in the same area of the country. People will start oh, Biden is not exciting and I'm like oh, I would vote for a can of tomato soup to get rid of Trump.

    Anyway Biden winning and not being exciting I think is a wonderful thing. I'm so sick of hearing candidate X doesn't speak to me or doesn't excite me. Grow up and vote and quit whining about how you as a voter need to be coddled.

    Parent

    I actually think (5.00 / 1) (#23)
    by CaptHowdy on Sun Sep 27, 2020 at 07:40:54 AM EST
    Being boring and conventional could be a plus.  I think lots of exhausted people are ready for boring government.

    Parent
    I agree. (5.00 / 1) (#24)
    by Ga6thDem on Sun Sep 27, 2020 at 08:19:01 AM EST
    I think we are in for quite a number of election cycles where it is going to be boring dry candidates discussing policy and I for one am here for it.

    Parent
    THIS. (5.00 / 2) (#36)
    by Towanda on Sun Sep 27, 2020 at 04:28:08 PM EST
    Take us back to No Drama Obama.

    I know a lot of people who are just so weary of the nonstop outrages that we have endured fir almost four years now.

    I want a day, even a day, of not  living in dread of the next attack on our democracy.

    Parent

    The idea (5.00 / 1) (#33)
    by KeysDan on Sun Sep 27, 2020 at 02:06:42 PM EST
    of being "exciting" as a critical criterion for a successful executive is over-rated.  I cannot think, for example, of any Governor, red or blue, who is exciting.  Governor JB  Pritzker. (D. IL)  is doing a good job, but is hardly rousing.  Governor Cuomo (D. NY) is competent but not exhirating.  On and on.  

    Presidential leadership requires an ability to inspire and unite the country toward achievement,, it will be the ability to effect exciting programs that mattes, more than a thrilling personality.  For the deplorables and the Hannity -types  Trump is exciting---I rest my case.

    Joe Biden is the right candidate for these perilous times--law abiding, mature, experienced, calming, and capable. America can look to the latest Netflix release for its excitement.

    Parent

    I think (5.00 / 3) (#25)
    by MO Blue on Sun Sep 27, 2020 at 08:59:19 AM EST
    the Dems need to remain laser focused on healthcare. Not just ACA but also Medicare and Medicaid. These programs not only provide needed healthcare but also help keep rural hospitals remain open. Stressing the damage another Trump presidency would do to these programs is the strongest argument that the Dems have IMO.

    Parent
    Pelosi (none / 0) (#26)
    by FlJoe on Sun Sep 27, 2020 at 09:26:32 AM EST
    was on CNN and was laser focused on the healthcare ramifications of ACB's nomination. I think it's wise to stay away from the culture war aspect of this( aside from the obligatory nod to reproductive rights).

    Parent
    Biden got the memo (none / 0) (#30)
    by CaptHowdy on Sun Sep 27, 2020 at 11:08:30 AM EST
    It's all about healthcare

    Parent
    IMO (5.00 / 2) (#31)
    by MO Blue on Sun Sep 27, 2020 at 01:10:06 PM EST
    they need to focus somewhat more on Trump's statements and proposals that will hurt Medicare. A two prong approach, ACA and Medicare/Medicaid, would be the most effective. Peeling away more seniors and rural voters would definitely be a win.

    Parent
    If I were in a swing state (5.00 / 2) (#32)
    by MO Blue on Sun Sep 27, 2020 at 01:35:09 PM EST
    and my vote counted on who won the presidency, my unenthusiastic vote would help Biden win just as much as someone else's enthusiastic vote. It doesn't matter if I'm excited about the candidate, it only matters that I vote for him.


    Parent
    I am in a swing state (5.00 / 2) (#37)
    by Towanda on Sun Sep 27, 2020 at 04:32:22 PM EST
    and already voted. Not with excitement but with determination.

    That will count just as much as any other vote cast in my state.

    Parent

    Here in Pennsylvania, perhaps the swingiest (5.00 / 1) (#40)
    by Peter G on Sun Sep 27, 2020 at 05:09:35 PM EST
    of swing states, I am waiting with bated breath for delivery of my mail-in ballot. It's looking like hand-delivery of the completed mail-in ballot to a "satellite office" of the county board of elections as soon as those offices open will be the safest way to vote. If not that, then hand-deposit into an official off-site "drop box."

    Parent
    I've received my absentee ballot (5.00 / 1) (#50)
    by MO Blue on Sun Sep 27, 2020 at 09:30:03 PM EST
    I plan to drop it off at the local Board of Elections sometime this week. Unfortunately, my presidential vote will only count in the popular vote total. Oh, how I wish they would do away with the Electoral College.


    Parent
    Yes,, we delivered our ballots (5.00 / 1) (#68)
    by Towanda on Tue Sep 29, 2020 at 02:15:59 PM EST
    to our village hall dropbox, as we always do n Waukesha County in Wisconsin, infamous in past for the corrupt county clerk (long gone) who hid mailbags full of ballots. And we are in a semirural area, where USPS could be slow even before.

    But our village clerk has a record of integrity. And we already can see online that our ballots were received. We next will be able see whether our ballots are accepted on election  day, as mail ballots are not opened here until then.

    All of our past mail ballots (a couple of elections since the pandemic) began) have counted. Love that online system at myvote.gov.

    Parent

    This (none / 0) (#13)
    by CaptHowdy on Sat Sep 26, 2020 at 07:28:35 PM EST
    The Supreme Court will hear oral arguments in the Republican-led case seeking to overturn the Affordable Care Act on November 10, exactly one week after the presidential election, according to the court's online docket on Wednesday.

    A hearing post-election was the likeliest choice from the outset. The justices' October schedule did not include the highly anticipated case, leaving just one day for arguments to potentially be heard before the election.

    Still, Wednesday's news does not mean the Supreme Court will make a ruling on the case in 2020. Legal experts say a final ruling is still expected next year.

    I think if they can make people understand the ACA could be gone in the middle of a pandemic that by then wi