Barrett said she couldn't comment on the case, but she emphasized that she is " not here on a mission to destroy the Affordable Care Act.”. Their performance will make no difference. This is not packing the court; it is filling a vacancy under the process provided for by the Constitution. Sudden and Total Clarity About the 2020 Election, A Chinese Vaccine Could Save American Lives, Sheldon Adelson’s Last Roll of the Dice May Be His Boldest. Senate Republicans have scheduled a hearing that began on October 12, with confirmation by the full Senate by the end of the month. If he truly believes that Justice Barrett's confirmation and appointment would be unconstitutional, how could he agree to abide by the various orders swayed by her deciding vote? Barrett could be sworn in the same day of the confirmation vote, so she could be a justice as soon as Monday. Only Biden can provide these answers. This material may not be published, broadcast, rewritten or redistributed without permission. They will never engage. Although inquiries about what the authors call judicial decisionmaking — essentially what we tend to call “judicial philosophy” — have lately ticked upward, they have yet to reach the high that they saw for President Richard Nixon’s nominations of G. Harrold Carswell and Harry Blackmun. He has followed the process, appealing unfavorable rulings and requesting stays of orders pending appeal. With no ability to stop Barrett's ascent, Democrats are trying to turn voters against the nomination by making the case that she could strike down the Affordable Care Act and roll back abortion rights. In this Oct. 13, 2020, photo, Supreme Court nominee Amy Coney Barrett answers questions from Sen. Mazie Hirono, D-Hawaii, during the second day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington. President Trump nominated Judge Barrett on September 26 to fill the vacancy caused by the passing of Justice Ruth Bader Ginsburg on September 18. And the tradition of declining to answer makes sense given the history. The other three outliers – each of whom faced about twice as many questions as was common in their eras – were Clement Haynsworth, Bork and Clarence Thomas. The two nominees found to be least “forthcoming” were Thurgood Marshall and Abe Fortas in the 1960s — particularly when the questions came from a senator of opposing ideology. Davis also clerked on the Supreme Court for Justice Neil M. Gorsuch. The book began as a study published in 2011. No, the modern era isn’t producing less — or more — forthcoming responses on judicial philosophy.

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