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Justice Amy Coney Barrett Hears Her First Supreme Court Argument

Mr. Guarnieri was happy to accept a clear rule and Judge Barrett considered the tender.

“So your first order of preference would be the kind of formalistic line I just described,” she says. “And then your saving argument would be, if the court were not comfortable with the possibility of avoiding the obligations of the FOIA by, for example, the ‘draft’ stamping on the top, that we let’s go with the most type of multifactorial, fact-specific test. “

M. Guarnieri agreed. “It illustrates how we think the case should be resolved,” he said.

Judge Barrett later lobbied Sanjay Narayan, a Sierra Club lawyer, after arguing that the documents should be released if they had “appreciable legal consequences.”

She said she could see how the draft documents could have practical consequences, but said she doubted they could have legal documents.

Prior to the argument in US Fish and Wildlife Service v. Sierra Club, No.19-547, the court issued two unsigned decisions, ruling for a Black Lives Matter activist and a prisoner on abusive terms. Judge Barrett was not involved in the decisions.

In the first, he overturned an appeals court ruling against DeRay Mckesson, a Black Lives Matter activist who helped organize a protest in Baton Rouge, Louisiana in the summer of 2016 after the shooting death of ‘a black man, Alton B. Sterling, by two policemen. The protest began peacefully but turned violent.

An unknown protester threw a stone or something similar at a police officer identified in court documents as John Doe, seriously injuring him. The officer sued Mckesson, arguing that he was indirectly responsible for the assault given his role in organizing the protest.

The United States Court of Appeals for the Fifth Circuit in New Orleans allowed the case to proceed, rejecting Mr. Mckesson’s argument that his role in organizing the protest was protected by the first amendment.

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Topical Quiz: Amy Coney Barrett, Lockdowns, Anonymous

News Quiz: Amy Coney Barrett, Lockdowns, Anonymous Did you catch the headlines this week? Compiled by Will Dudding and Andrea Kannapell

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Justice Barrett Rises to Top of Increasingly Conservative Justice System

– Nan Hunter, professor of law at Georgetown University

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The U.S. Senate confirmed Supreme Court Justice Amy Coney Barrett on Monday in a 52-48 vote, with all Republicans but one, Senator Susan Collins of Maine, voting in her favor – a move that is likely to remodeling the yard for years to come.

It was the first time in 151 years that justice had been upheld without the support of a single member of the minority party, a sign of a bitterly partisan divide over judicial appointments.

“She is one of the brightest jurists in our country, and she will deliver exceptional justice in our country’s highest court,” President Trump said on Monday during Judge Barrett’s unusual night swearing-in ceremony on the lawn of the White House.

Senate Democrats and civil rights groups condemned the confirmation, viewing the process a week before the presidential election as a hypocritical takeover by the Republican Party, which denied President Barack Obama the possibility of appointing a judge to the Court nine months before the elections. in 2016.

And they view Judge Barrett as a serious threat on a wide range of issues, noting that her track record, including her recent decision to overturn a verdict awarding damages in a sexual assault case, her dissent to decisions that overturned Abortion laws and its opposition to contraceptive coverage in the Affordable Care Act all reveal its conservative tendencies.

“A vote for Barrett is a vote to take health care away from millions of people; it’s a vote to step back on reproductive freedom, ”Massachusetts Democrat Senator Elizabeth Warren said over the weekend. “Endanger dreamers and immigrants. To let climate change take its toll. Endanger efforts to combat systemic racism. Endanger workers’ rights, the right to vote, LGBTQ rights and the prevention of gun violence. “

Judge Barrett’s confirmation also comes at a time when the legal system has become increasingly conservative and pro-religious, potentially cementing the right-wing tilt of the entire legal system for years to come.

From 1953 to 2005, the Supreme Court ruled in favor of religion (religious organizations or individuals) about 50% of the time, according to an analysis by Lee Epstein, professor of law at Washington University in St. Louis, and Eric Posner, professor of law at the University of Chicago. Beginning in 2005, under the leadership of Chief Justice John G. Roberts, the Supreme Court sided with religion almost 90% of the time.

Over time, the two professors found that there was also a change in the types of religious groups that appeared in court. From 1953 to 2005, these were either secular groups who argued against government accommodations for religion, or members of minority religious denominations, such as Jehovah’s Witnesses, who opposed policies that contradicted their beliefs. , explained Ms Epstein. Under Chief Justice Roberts, most of the plaintiffs were traditional Christian groups.

At the same time, Mr Trump has appointed more judges to federal courts of appeals – the last judgment for federal cases in the Supreme Court – than any other president in his first three years in office, all of whom have strong backgrounds. conservative references, according to a New York Times Analysis. Judges installed by Republicans over the past four years now make up about a third of the entire federal appeals bench, and those appointed by Mr. Trump have garnered twice as many ‘no’ votes in the Senate as those appointed by President George W. Bush and President Obama, revealed the analysis, highlighting the increasingly adversarial nature of the appointments.

It is this changing environment that makes Justice Barrett a real threat to Liberal decisions, legal experts have said.

“It is impossible to ignore the context and the frequency with which exemptions are granted to religious groups,” said Nan Hunter, a law professor at Georgetown University, specializing in constitutional law and gender law. “The problem is that another judge who brings a very strong conservative religious judicial philosophy will, at a minimum, encourage this litigation and very likely help change the law.

“And religion is really about everything,” Ms. Hunter added. Much of the erosion of Roe v. Wade, for example, comes from cutouts made for religious reasons, she said. The same goes for opposition to birth control coverage under the Affordable Care Act.

It is not clear how Justice Barrett would behave in her new role. She might, like most new appointees to the court, be “cautious the first year or two,” noted Ms. Epstein of the University of Washington, who also studies the behavior of federal judges.

“Kavanaugh was a great example: if you look at his voting record in the first year or two, he’s very close to Chief Justice Roberts,” Ms. Epstein said. “There wasn’t a lot of light between these two.

The main difference, however, is that when Judge Brett Kavanaugh was confirmed Chief Justice Roberts was the center of the Supreme Court, Ms Epstein said. Judge Barrett joins a court whose center has shifted to the right, leaving Chief Justice Roberts less inclined to side with the minority.

The dynamics of the new court will soon become clear. Shortly after polling day, the Supreme Court is scheduled to hear two back-to-back cases: a challenge to the Affordable Care Act and a gay rights case, Fulton v. City of Philadelphia, which will determine whether the government can rule out a Catholic agency that does not. working with same-sex couples in the foster care system. And if the results of the presidential election are challenged and the Supreme Court is called upon to rule, Justice Barrett has said she will not recuse herself from the case.

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Barrett sits at a pivotal moment

Amy Coney Barrett joins court as Conservative majority limits recount in Wisconsin. It’s Tuesday and here is your political advice sheet. register here to get On Politics delivered to your inbox every day of the week.

A screen showed video of the final candidates’ debate as President Trump spoke at a rally in Allentown, Pa. Yesterday.

Keep up with Election 2020

ST. PAUL, Minnesota – David Schultz, a professor at Hamline University here, recently gave students in his introduction to the American politics class a lecture on the history of the franchise.

In an interview outside of the classroom, he noted how many Minnesotans were already exercising those rights – by Friday more than 1.1 million early votes had been accepted, far exceeding 2016 totals.

“The Democrats have been very mobilized to come out and vote this time,” Schultz said. “Republicans show up more on Election Day, but a high turnout should bode well for Joe Biden.”

The divide in Minnesota between Democrats who vote early and Republicans who plan to vote on Nov. 3 is consistent with what has been seen in other states. Returned vote rates were particularly high in Hennepin and Ramsey counties, which are home to the Democratic-leaning Twin Cities.

Jennifer Carnahan, the president of the Minnesota Republican Party, agreed in an interview that a large number of Republican voters would turn up on election day.

“For a lot of people, it’s about tradition,” she says. “I did not ask for a postal vote. I have always voted in person. There are a lot of people like me there.

Both sides are hopeful that a large turnout can help them in the state, which Hillary Clinton won by a surprisingly slim margin in 2016. “Nobody takes anything for granted,” said Ken Martin, Chairman of the Democratic Party. Labor peasant from Minnesota. version of the Democratic Party. “We are not resting on our laurels.”

Many voters here, where snow has already blanketed parts of the state, decided to vote early or by mail to avoid crowds during the coronavirus pandemic. Election officials said turnout would be further facilitated by Minnesota’s voting rules, including early voting that began Sept. 18, increased number of ballot drop-off sites and daytime registration. even the ballot which requires little more than the word of a neighbor for approval.

Colleen Moriarty, president of the Minneapolis chapter of the League of Women Voters, said she hopes young voters will turn out in large numbers, which would be a good indication that the advocacy to get out the vote is having an impact. “I’m in my 60s and can’t remember an election where there were so many messages to vote on from so many different sources,” she said.

The organization made a special point to encourage voting in the city’s eighth and ninth wards, which converge at the intersection where George Floyd was trapped below the knee of a Minneapolis police officer before his death. In the three polling stations immediately surrounding the site, which many now call the George Floyd Memorial, 42% of the roughly 6,000 registered voters had already voted by Friday – 20 percentage points higher than the total anticipated turnout in 2016.

“We are the community that led to the murder of George Floyd, and we want to make sure that everyone has a voice and that those voices are protected,” Moriarty said. “Right away at George Floyd’s site, we had voter registration tables and we focused on areas where there was a lot of civil unrest.”

In Schultz’s classroom, a student urged his classmates to vote.

“I can’t vote, but I would say immigration is one of the main issues in this election,” said Bryan Rodriguez Andino, 21, a Nicaraguan immigrant who sat in the front row. He is trying to become a naturalized citizen so that he can vote in the next election.

“I’m counting on you guys to make a good decision,” he told the class.

The New York Times Magazine

Republican voters are essentially the same people who voted Republican before Trump; party politicians are still mostly the same people, mostly hiring the same strategists.

But their relations with the party now pass through one man, who never offered a clear vision of his political program beyond its immediate expansion.

Whether Trump wins or loses in November, no one else in the official party ranks seems to have one either.

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Video: Barrett sworn in as Supreme Court justice

[music, “Hail to the Chief”] “In a few moments, we will proudly swear new member of the United States Supreme Court, Justice Amy Coney Barrett. [applause] She is one of the most brilliant jurists in our country and she will deliver exceptional justice to the highest court in our country. “I will perform well and faithfully …” “… the duties of the office I am about to enter …” “… the duties of the office I am about to enter . . “” … then help me God. “” … then help me God. ” [applause] “The oath that I have solemnly taken this evening essentially means that I will do my job without fear or favor, and that I will do it regardless of the two branches of politics and of my own preferences.” “On this vote, the yeas are 52, the nays are 48. The appointment of Amy Coney Barrett of Indiana as Associate Justice of the Supreme Court of the United States is confirmed.” [applause] “Since the ink dried on the Constitution, only 114 men and women have been charged with maintaining the separation of powers, protecting the rights of individuals and providing impartial justice to the Supreme Court. He’s one of the brightest, most admired, and most skilled nominees in our lives. “” I want to be clear with the American people: the Senate majority, this Republican Senate majority, is breaking with you, doing the exact opposite of what it promised four years ago, because it wants to cement a majority in the Court supreme threatens your fundamental rights. And I want to be very clear with my fellow Republicans: you can win this vote, and Amy Coney Barrett could be the next Supreme Court Associate Justice, but you will never, ever regain your credibility.


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Senate confirms Barrett, heeding Trump and reshaping the court

Yet she has previously criticized Chief Justice John G. Roberts Jr. for voting in favor of the Affordable Care Act, and she has already signed an ad calling for the overthrow of Roe v. Wade and his “barbaric heritage”. Chances are she will be among the court’s most conservative justices, likely to the right of Chief Justice Roberts and Justice Brett M. Kavanaugh.

Like five other judges, Judge Barrett is Catholic; she said her faith was at the heart of her identity. But in other ways, it breaks the mold of the court. Former Notre-Dame, she will be the only judge not to have graduated from Harvard or Yale. She is also raising seven children, two of whom have been adopted.

After playing down its implications during the hearings, some Republicans openly celebrated his stance against abortion on Monday.

“The appointment of Amy Coney Barrett is truly historic,” said Republican Senator Josh Hawley of Missouri. “He is the most openly pro-life judicial candidate for the Supreme Court of my life. It was one person who openly criticized this illegitimate decision, Roe v. Wade.

By the time senators met on Monday night for the final vote, many were exhausted from a debate that had run from Sunday night to Monday and back and forth between Washington and the election campaign.

But after Iowa Sen. Charles E. Grassley, the pro tempore president, read the tally, Republicans leapt from their desks and cheered. Only two did not join them.

One was Ms Collins, who left the room as soon as she voted ‘no’. She had formulated her decision this time on principle. Republicans set a standard in 2016 by not confirming a candidate in an election year and should do the same now, she argued. She is lagging behind in a race in a liberal-leaning state in part because of the fury of her constituents over her vote for Judge Kavanaugh, Mr. Trump’s last candidate.

The other was Senator Lisa Murkowski of Alaska, another Republican, who sat face stone. She ultimately voted to confirm Judge Barrett, but said she feared the tribunal would be hit by the tribunal and the Senate would take with the public to proceed as voters vote.

Adam Liptak and Emily Cochrane contributed reporting.

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Swearing by Barrett, Trump defiantly mimics ‘Superspreader’ rose garden ceremony

Judge Barrett, 48, who has seven children, will be the youngest member of the current court, his third wife, his sixth Catholic and his only lawyer outside the Ivy League. A graduate of Notre Dame Law School, where she later taught, she has served on the United States Court of Appeals for the Seventh Circuit since Mr. Trump appointed her in 2017 and became one of the preferred by curators. His Supreme Court appointment was Mr. Trump’s third, the largest any president has had in a single term since Richard M. Nixon, and significant credibility for Republican voters who care about justice.

In her own remarks Monday, Judge Barrett, whose black short-sleeved gown contrasted with the president’s heavy black overcoat on a crisp 55-degree evening, called the Senate’s swift approval a “rigorous confirmation process.” , a Democrats characterization. bitterly fought.

But she seemed determined to send the message that she wouldn’t just bid Mr. Trump, using the words “independent” or “independence” three times, even though he said explicitly that he wanted that. she is seated before the elections so that she can vote in the event of a legal dispute over the ballot.

“A judge declares her independence not only from Congress and the President, but also from private beliefs that might otherwise displace her,” Justice Barrett said after taking the oath. “The oath that I have solemnly taken this evening,” she added, “means to her heart that I will do my job without any fear or favor and that I will do it independently of the two political branches and of my own. preferences.

Neither Democrats nor Republicans seemed to believe this, instead praising or condemning its confirmation as a victory for the Conservatives and a defeat for the Liberals. His replacement from Justice Ginsburg means the Conservative wing now controls the Supreme Court 6-3, heralding a new era of case law not just on the upcoming election, but on topical issues like abortion, gay rights and Healthcare.

Republicans on the House Judiciary Committee, led by Rep. Jim Jordan of Ohio, one of Mr. Trump’s outspoken allies, taunted Hillary Clinton, who lost to Mr. Trump in 2016, after the evening vote in the Senate.

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Video: Republicans cut off Barrett debate and hold final confirmation vote

new video loaded: Republicans cut Barrett debate, hold final confirmation vote



Republicans cut Barrett debate, hold final confirmation vote

Senate Republicans won a 51-to-48 vote to limit debate on the nomination of Justice Amy Coney Barrett to the Supreme Court, holding the final confirmation vote for Monday, eight days before the election.

“The yeas are 51, the nays are 48. The motion is carried.” “We have made an important contribution to the future of this country. Much of what we have done over the past four years will sooner or later be undone in the next election. They won’t be able to do much about this for a long time. “” The Senate is doing the right thing. We are moving this appointment forward, and colleagues, by tomorrow night we will have a new member of the Supreme Court of the United States. “Republicans are rushing to hold a confirmation vote tomorrow night, eight days, eight days before the election. And after more than 50 million Americans have voted. We’re talking about the lives and freedoms of the American people, the right to affordable health care, making their own private medical decisions, joining a union, voting unhindered, marrying whoever they love. And Judge Amy Coney Barrett will play a role in deciding whether these rights will be maintained or reduced for the next generation of Americans. So I want to be very clear with the American people about what is going on here. The Republican Senate majority America is breaking trust with you, doing the exact opposite of what it promised just four years ago to consolidate a majority in the Supreme Court that threatens your basic rights.

Recent episodes of United States and politics


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Amid Democratic fury, Republicans push Barrett to the brink of confirmation

Struggles between supporters over the direction of federal courts have escalated rapidly in recent years, as Congress has stopped legislating regularly and both sides have increasingly turned to the courts to enforce their visions for the country.

But the Confirmation Wars appeared to be heading for a new bitter low on Monday. For the first time in recent memory, no member of the minority party, in this case the Democrats, was to vote for confirmation. Only one Democrat, Joe Manchin III of West Virginia, supported Judge Brett M. Kavanaugh in 2018.

Democrats ideologically oppose Judge Barrett, but their opposition has little to do with the candidate herself. With more than 50 million votes already cast, Democrats have insisted the election winner should be allowed to take the seat. They accused Republicans of rank hypocrisy for rushing to fill him despite prior assurances from several senior Republicans that they would not do so if a post became vacant in an election year and despite Republicans’ insistence in 2016 so that voters have a say in who sits.

Ms Collins and Ms Murkowski, two moderates who have frequently resisted their party, shared the concerns, warning that filling the seat now will erode the legitimacy of the court and the Senate.

At 48, Judge Barrett would be the youngest judge on the bench, set to make his mark on the law for decades to come. A Chicago Court of Appeals judge and Notre Dame law professor, she has been presented as the heir to former Judge Antonin Scalia, a dominant figure in the court’s conservative wing for decades. Judge Barrett was commissioned for Judge Scalia and shares his strict judicial philosophy.

In her confirmation hearings this month, Judge Barrett repeatedly described herself as a true independent with “no agenda.” None of the parties in the Senate, however, appear to believe she will be anything more than a reliable Conservative vote based on her academic writings and court appeals rulings. If this holds true, Justice Barrett would be the ideological opposite of her predecessor, Justice Ginsburg, who was the leader of the now-diminished Liberal wing of the Court.

Democrats used this prospect to ignite their Liberal base ahead of election day. In addition to their concern over the fate of the Affordable Care Act, they spent weeks warning that Judge Barrett was going to cut or nullify abortion rights enshrined in Roe v. Wade.

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Murkowski, in a turnaround, says she will vote to confirm Barrett

Like Ms. Collins, Ms. Murkowski voted against repealing the Affordable Care Act and is a supporter of the right to abortion. With her latest ruling, Ms Murkowski now risks stoking a backlash from the left, which believes Judge Barrett’s confirmation threatens those same issues.

It could be drastic. After Ms Collins backed Judge Kavanaugh’s confirmation in 2018, she became the main target of Liberals across the country, who poured millions of dollars into the coffers of her Democratic opponents. Two years later, polls suggest she could lose her re-election next month thanks, in large part, to that vote.

The comparison with Ms. Collins, however, is not perfect. The brawl for Judge Kavanaugh was a bitter affair that devoured the nation in a debate over general and sexual violence after he was charged during the sexual assault proceedings. In this case, polls suggest that a majority of the public, including many Democrats, support Judge Barrett’s confirmation. Additionally, Alaska tends to be a more conservative state than Maine, and Ms. Murkowski is so well known that she won a written campaign in 2010 after losing the Republican primary.

Ilyse Hogue, president of NARAL Pro-Choice America, said the group was “deeply disappointed” by Ms Murkowski’s planned vote in favor of Judge Barrett.

“Her extreme views should be disqualifying for anyone claiming to be a champion of women and families,” Ms. Hogue said.

Ms Murkowski only made informed comments on abortion rights or the affordable care law during her speech, but they suggested that she was reassured by Judge Barrett on how the two issues would be held in the future by the highest court in the country. She dodged reporters on Capitol Hill after the speech.

“It was important for me to hear and better understand her perspective on precedence and her assessment process, especially the weight she places in relying on decisions that have been in place for decades,” such as Roe v. Wade, ”she said in her remarks.