Anonymous ID: d80a03 Oct. 13, 2020, 6:35 p.m. No.11059482   🗄️.is 🔗kun   >>9492 >>9516 >>9519 >>9553 >>9592 >>9628 >>9632 >>9687

https://www.vox.com/2020/10/13/21515169/amy-coney-barrett-supreme-court-confirmation

 

While discussing LGBTQ rights, Supreme Court nominee Amy Coney Barrett on Tuesday used a term that LGBTQ activists have called “offensive,” “outdated,” and a “dog whistle.”

 

“I have no agenda, and I do want to be clear that I have never discriminated on the basis of sexual preference and would not ever discriminate on the basis of sexual preference,” Barrett said, when asked about her stance on preserving protections for members of the LGBTQ community.

 

The term “sexual preference,” however, is an offensive one, which suggests that sexual orientation is a choice, Lambda Legal, a legal advocacy group, explained on Twitter.

Anonymous ID: d80a03 Oct. 13, 2020, 6:57 p.m. No.11059745   🗄️.is 🔗kun

https://www.realclearpolitics.com/articles/2020/10/14/why_democrats_hate_amy_coney_barrett_144440.html

 

They suggested that Ruth Bader Ginsburg's dying wish to leave her seat open until a Democrat takes power represented a sort of binding legal commitment. And they fumed.

 

They fumed that Barrett refuses to pledge fealty to their political priorities. They fumed that Barrett has stated that the role of the judiciary is not to achieve moral ends but to enforce the law. They fumed that Barrett had the temerity to state that "courts are not designed to solve every problem or right every wrong in our public life," that "the policy decisions and value judgments of government must be made by the political branches" and that she has done her utmost to "reach the result required by the law," whatever her preferences might be.

 

Critical legal theorists have suggested that conservatives are fibbing that their view of the judiciary as relegated to judgment alone is merely cover for the reinforcement of their political priorities. But the data suggest otherwise. During the 2019 Supreme Court term, for example, out of some 67 decisions, the four justices appointed by Democrats voted together 51 times; Republican appointees only voted together 37 times. As Ilya Shapiro of the Cato Institute has pointed out, "it's the [Ruth Bader] Ginsburg Four that represent a bloc geared toward progressive policy outcomes." Republican appointees, in other words, are politically heterodox significantly more often than Democratic appointees. That's because, on a fundamental level, they take their job and the constitutional separation of powers – seriously.

 

Liberals see the court as a super-legislature, designed to act as moral arbiters on behalf of progressive values. That's why former President Barack Obama stated that judges ought to be selected for the quality of "empathy, of understanding and identifying with people's hopes and struggles, as an essential ingredient for arriving at just decisions and outcomes."

 

And they are angry that Barrett's nomination has moved the court away from that progressive, oligarchic rule. That's why they're threatening to pack the court – because they wish to restore that oligarchy to power. And that's just another reason why, for all the talk about Donald Trump's threats to core American institutions, he can't hold a candle to even mainstream Democratic willingness to trash checks and balances on behalf of power.