{"id":77549,"date":"2020-09-29T04:06:14","date_gmt":"2020-09-29T01:06:14","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/trumps-pick-to-replace-rbg-is-no-judicial-radical\/"},"modified":"2020-09-29T04:06:14","modified_gmt":"2020-09-29T01:06:14","slug":"trumps-pick-to-replace-rbg-is-no-judicial-radical","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/trumps-pick-to-replace-rbg-is-no-judicial-radical\/","title":{"rendered":"#Trump\u2019s pick to replace RBG is no judicial radical"},"content":{"rendered":"

“#Trump\u2019s pick to replace RBG is no judicial radical<\/strong>”
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\n Judge Amy Coney Barrett is a distinguished scholar whose judicial philosophy balances a commitment to originalism with a respect for precedent. Dire predictions circulate about the consequences of adding another conservative-leaning justice to the Supreme Court, but Barrett\u2019s record suggests that she will do credit to the institution.<\/p>\n

Barrett has earned lavish praise from colleagues across the ideological spectrum. Now, however, with a Supreme Court seat in the balance, Barrett has become the subject of scathing \u2014 and misguided \u2014 criticism from the left. The Washington Post\u2019s Ruth Marcus, for example, asserts that Barrett \u201cwould not hesitate to jettison decisions with which she disagrees,\u201d a glaring mischaracterization of the nominee\u2019s record on adherence to precedent.<\/p>\n

Barrett has, in fact, defended the Supreme Court\u2019s existing presumption in favor of stare decisis \u2014 a presumption that promotes stability while affording the justices\u2019 flexibility to depart from precedent.<\/p>\n

Before overruling a precedent, according to Barrett, a Supreme Court justice must \u201cthink carefully about whether she is sure enough about her rationale for overruling to pay the cost of upsetting institutional investment in the prior app<\/a>roach. If she is not sure enough, the preference for continuity trumps.\u201d<\/p>\n

Barrett has also recognized the concept of \u201csuper-precedents\u201d such as Brown v. Board of Education that enjoy such broad consensus that no judge would seriously consider overturning them. Barrett\u2019s fidelity to precedent is evident from cases like Price v. City of Chicago (2019), in which she joined an opinion relying on the Supreme Court\u2019s ruling in Hill v. Colorado (2000) to uphold a Chicago ordinance that bars anti-abortion protestors from approaching within eight feet of women entering an abortion clinic.<\/p>\n

Given her views on stare decisis, it appears unlikely that Barrett would vote to overturn the court\u2019s 1973 decision in Roe v. Wade; however, she would likely be more sympathetic than the late Justice Ruth Bader Ginsburg was to state laws that limit the unfettered right to abortion on demand. In a 2018 case, Planned Parenthood v. Commissioner, for example, Barrett joined a dissent that cast doubt on a Seventh Circuit decision that struck down an Indiana law prohibiting abortions motivated solely by the race, sex, or disability of the fetus.<\/p>\n

As a professor and a judge, Barrett has been a proponent of textualism, the doctrine that courts should apply a statute\u2019s text as it was understood by those who enacted the statute. In constitutional law, this doctrine is better known as \u201coriginalism\u201d \u2014 that is, a commitment to the original public meaning of the Constitution\u2019s various provisions.<\/p>\n

Barrett\u2019s defense of this interpretive approach is not a mere pretext to achieve conservative results; rather, it is based on judicial deference to the democratic process that gives statutes their legitimacy.<\/p>\n

Barrett\u2019s originalist approach led her to dissent in the 2019 case Kanter v. Barr in which the Seventh Circuit upheld federal and state laws that prohibit gun ownership for people convicted of felonies, even nonviolent felonies. In her dissent, Barrett reviewed Founding-era legislation and commentary, concluding that a legislature can prohibit violent felons from possessing guns without violating the Second Amendment, but a blanket dispossession of all felons goes too far.<\/p>\n

Perhaps Barrett\u2019s most influential ruling to date came in Doe v. Purdue University (2019), in which she led a decision reinstating a lawsuit against Purdue University by a male student who had been suspended for committing sexual violence against a female student. The student, known as John Doe, alleged that Purdue\u2019s dean of students had found him guilty without ever speaking to his accuser and that a university review committee also blindly accepted the accuser\u2019s account without hearing from John or allowing him to present any evidence.<\/p>\n

Writing for a unanimous panel of three judges \u2014all women\u2014Barrett wrote that Doe had stated a plausible claim that he had been \u201cdenied an educational benefit on the basis of his sex\u201d in violation of Title IX. The court also held that Doe\u2019s allegations stated a claim for violation of due process under the Fourteenth Amendment.<\/p>\n

\u201cPurdue\u2019s process,\u201d Barrett wrote, \u201cfell short of what even a high school must provide to a student facing a days-long suspension.\u201d The Purdue decision, already widely cited in other circuits, shows a clear-eyed skepticism about lopsided college disciplinary procedures that have been criticized by experts on the right and left, including Ginsburg.<\/p>\n

With an election just weeks away, the timing of Barrett\u2019s nomination has predictably provoked controversy. But today\u2019s political squabbles should not overshadow the intellect and judicial temperament that make her a superb choice for the high court.<\/p>\n

Adam Freedman is the author of \u201cA Less Perfect Union: The Case for States\u2019 Rights.\u201d Adapted from City Journal. <\/em>\n <\/div>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

“#Trump\u2019s pick to replace RBG is no judicial radical” Judge Amy Coney Barrett is a distinguished scholar whose judicial philosophy balances a commitment to originalism with a respect for precedent. Dire predictions circulate about the consequences of adding another conservative-leaning justice to the Supreme Court, but Barrett\u2019s record suggests that she will do credit to…<\/p>\n","protected":false},"author":1,"featured_media":77550,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2020\/09\/Amy-Coney-Barrett-5.jpg?quality=90&strip=all&w=1200","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[73245,71982,4941,70674,71404],"class_list":["post-77549","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-9-28-20","tag-amy-coney-barrett","tag-donald-trump","tag-judges","tag-supreme-court"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/77549","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=77549"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/77549\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/77550"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=77549"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=77549"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=77549"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}