Judge Amy Barrett Confirmation Hearings

[John_Hannah]

Justice Kagan was never a Judge before being appointed to the Supreme Court.  As to other experience in Court, she had only tried six cases, those while she was Solicitor General for a while under President Obama, with a large staff to do the preparatory work. 

At the time of her appointment, all eight of the other Justices had arrived on the Court with experience as Federal Appeals Court judges.
That isn't a necessary prequalification, either.  Justices Rehnquist and Powell hadn't gone that route, either.

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

[Randy Bosch]

Justice Kagan was never a Judge before being appointed to the Supreme Court.  As to other experience in Court, she had only tried six cases, those while she was Solicitor General for a while under President Obama, with a large staff to do the preparatory work. 

At the time of her appointment, all eight of the other Justices had arrived on the Court with experience as Federal Appeals Court judges.
That isn't a necessary prequalification, either.  Justices Rehnquist and Powell hadn't gone that route, either.

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

By the way, I voted to retain you as a Superior Court Judge in Arizona. 

[James_Gale]

Justice Kagan was never a Judge before being appointed to the Supreme Court.  As to other experience in Court, she had only tried six cases, those while she was Solicitor General for a while under President Obama, with a large staff to do the preparatory work. 

At the time of her appointment, all eight of the other Justices had arrived on the Court with experience as Federal Appeals Court judges.
That isn't a necessary prequalification, either.  Justices Rehnquist and Powell hadn't gone that route, either.

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

I've heard this as well.  Admiration for her intellect and appreciation for her temperament supposedly were shared by Justice Scalia and other justices.  These qualities make the work of cloistered jurists better and more enjoyable, perhaps especially when that work will necessarily involve debate and disagreement.

[Mike Gehlhausen]

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

I've heard this as well.  Admiration for her intellect and appreciation for her temperament supposedly were shared by Justice Scalia and other justices.  These qualities make the work of cloistered jurists better and more enjoyable, perhaps especially when that work will necessarily involve debate and disagreement.

I'm not certain whether Justice Scalia ever spoke to President Obama.  My understanding is that he spoke to David Axelrod who then passed the news on to Obama. 

http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/index.html

[Julio]

In Tuesday's hearings, Sen Hirono, D-Hawaii saw fit to interrogate Judge Barrett asking her if she is a sexual predator.

https://www.foxnews.com/politics/democrat-amy-coney-barrett-sexually-assaulted-someone.amp

Why are progressives obsessed with sex???

Hopefully questions such as this will not replace the personal attack and mobbing tactics similar to the unfounded accusations of anonymity used by liberals/progressives to attack forum members and/or derail fruitful and beneficial forum dialogue and discussion.

Edit:  Regrettably the above post is incorrect ... Rev Bohler pointed out the error of my post here.

http://alpb.org/Forum/index.php?topic=7622.msg490436#msg490436

[mariemeyer]

Trivia for the day...

Not only is Justice Kagan a native New Yorker,  she and I went to the same NYC high school.  Only difference is that the school was a girls only high school in my day.

Parents of a son sued the city for sex discrimination, so the high school had to co-ed. 

Marie Meyer

[peter_speckhard]

I think that question was in there purely to show that Barrett was being treated the same as a man would be treated, and to normalize such questions for use against future nominees. That way complaints like Ford had against Kavanaugh can derail nominees. If there is an allegation from high school or college, the nominee will either deny it and be caught lying or cop to it and say it doesn't matter and therefore be caught minimizing assault, or cop to it and say it is important and so withdraw.

[Charles Austin]

Judge Barrett seems nice.

[David Garner]

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

I've heard this as well.  Admiration for her intellect and appreciation for her temperament supposedly were shared by Justice Scalia and other justices.  These qualities make the work of cloistered jurists better and more enjoyable, perhaps especially when that work will necessarily involve debate and disagreement.

I'm not certain whether Justice Scalia ever spoke to President Obama.  My understanding is that he spoke to David Axelrod who then passed the news on to Obama. 

http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/index.html

I don't want to look up the link, but I saw an interview with Scalia where he said he spoke to President Obama directly.  He said, paraphrasing, that he would like to speak to the president about the upcoming nomination and he had a suggestion.  President Obama sort of chuckled and said something like "I bet you do."

Scalia responded "it's not what you think, Mr. President -- send us Elena Kagan."

The point, as most of you have gleaned, is court experience is not dispositive of whether one will be a good or bad justice.  Justice Kagan is, with the departure of Justice Ginsberg, the leading light on the liberal wing of the Court.  Her opinions are sharp and well considered, her jurisprudence is consistent, and her reasoning is sound. She is an excellent justice, though one I frequently disagree with.

Barrett has vastly more experience as a Judge than Kagan.  But she will have to put some effort into matching her as a justice.

[James J Eivan]

I think that question was in there purely to show that Barrett was being treated the same as a man would be treated, and to normalize such questions for use against future nominees. That way complaints like Ford had against Kavanaugh can derail nominees. If there is an allegation from high school or college, the nominee will either deny it and be caught lying or cop to it and say it doesn't matter and therefore be caught minimizing assault, or cop to it and say it is important and so withdraw.

But ...  wasn't it woman (Sen Feinstein) that accused Justice Kavanaugh??? If so, isn't Sen Hirono establishing a precedent that women are preoccupied with the subject?

Other than Justice Thomas' hearings, his this topic been gratuitously brought up in SCOTUS hearings?? If not, is this a sorted sign of the times?

[Norman Teigen]

"THE CONSERVATIVES' FALSE CLAIM OF VALUE-NEUTRAL JUDGING

In 2010, the Supreme Court heard oral arguments in a case that concerned the constitutionality of a California law that prohibited the sale or rental of violent video games to minors without parental consent.1 Many states had adopted similar statutes. Legislators were shocked by the graphic violence and were concerned by the studies that showed a correlation between playing such video games and violent behavior. The concern was that the participatory aspect of video games makes them different from comic books or television programs or movies, all of which also can have violent content.
As was his practice, Justice Scalia was very active in the oral argument and was pressing the attorney defending the California law about whether the state's law could be reconciled with the original understanding of the First Amendment. Finally, Justice Alito interjected and said, "Well, I think what Justice Scalia wants to know is what James Madison thought about video games." Putting it that way shows the absurdity of trying to answer today's constitutional questions by looking at the world of 1787 when the Constitution was drafted or 1791 when the First Amendment was ratified or[...]"

Excerpt From: Erwin Chemerinsky. "We the People." Apple Books. https://books.apple.com/us/book/we-the-people/id1333503670

[David Garner]

"THE CONSERVATIVES' FALSE CLAIM OF VALUE-NEUTRAL JUDGING

In 2010, the Supreme Court heard oral arguments in a case that concerned the constitutionality of a California law that prohibited the sale or rental of violent video games to minors without parental consent.1 Many states had adopted similar statutes. Legislators were shocked by the graphic violence and were concerned by the studies that showed a correlation between playing such video games and violent behavior. The concern was that the participatory aspect of video games makes them different from comic books or television programs or movies, all of which also can have violent content.
As was his practice, Justice Scalia was very active in the oral argument and was pressing the attorney defending the California law about whether the state's law could be reconciled with the original understanding of the First Amendment. Finally, Justice Alito interjected and said, "Well, I think what Justice Scalia wants to know is what James Madison thought about video games." Putting it that way shows the absurdity of trying to answer today's constitutional questions by looking at the world of 1787 when the Constitution was drafted or 1791 when the First Amendment was ratified or[...]"

Excerpt From: Erwin Chemerinsky. "We the People." Apple Books. https://books.apple.com/us/book/we-the-people/id1333503670

You need a blog.

[Steven W Bohler]

In Tuesday's hearings, Sen Hirono, D-Hawaii saw fit to interrogate Judge Barrett asking her if she is a sexual predator.

https://www.foxnews.com/politics/democrat-amy-coney-barrett-sexually-assaulted-someone.amp

Why are progressives obsessed with sex???

Hopefully questions such as this will not replace the personal attack and mobbing tactics similar to the unfounded accusations of anonymity used by liberals/progressives to attack forum members and/or derail fruitful and beneficial forum dialogue and discussion.

Apparently Sen. Hirono asks this question of all nominees that come before the committee.  That is, this was not a special attempt to "get" Judge Barrett.  https://www.msn.com/en-us/news/us/hirono-asks-barrett-if-she-has-ever-made-unwanted-requests-for-sexual-favors/ar-BB19ZlfX?li=BBnbcA1

[John_Hannah]

Reportedly, Justice Scalia whispered to President Obama that it would be good to appoint Kagan as a Justice.   

Peace, JOHN

I've heard this as well.  Admiration for her intellect and appreciation for her temperament supposedly were shared by Justice Scalia and other justices.  These qualities make the work of cloistered jurists better and more enjoyable, perhaps especially when that work will necessarily involve debate and disagreement.

I'm not certain whether Justice Scalia ever spoke to President Obama.  My understanding is that he spoke to David Axelrod who then passed the news on to Obama. 

http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/index.html

I don't want to look up the link, but I saw an interview with Scalia where he said he spoke to President Obama directly.  He said, paraphrasing, that he would like to speak to the president about the upcoming nomination and he had a suggestion.  President Obama sort of chuckled and said something like "I bet you do."

Scalia responded "it's not what you think, Mr. President -- send us Elena Kagan."

The point, as most of you have gleaned, is court experience is not dispositive of whether one will be a good or bad justice.  Justice Kagan is, with the departure of Justice Ginsberg, the leading light on the liberal wing of the Court.  Her opinions are sharp and well considered, her jurisprudence is consistent, and her reasoning is sound. She is an excellent justice, though one I frequently disagree with.

Barrett has vastly more experience as a Judge than Kagan.  But she will have to put some effort into matching her as a justice.

Our highly respected attorneys here may not like this but the fact is a Supreme Court Justice may be appointed without a law degree or any legal credentials and experience. I don't think it has happened but it is possible by the constitution.

Peace, JOHN

[Norman Teigen]

"The claim of value-neutral judging is a smokescreen to make Americans think conservatives are basing their decisions on the "true" meaning of the Constitution, when actually their rulings are a product of their own conservative views."

Excerpt From: Erwin Chemerinsky. "We the People." Apple Books. https://books.apple.com/us/book/we-the-people/id1333503670