Amy Coney Barrett
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Dead Precedents Riley T
Notre Dame Law Review Online Volume 93 | Issue 1 Article 1 8-2017 Dead Precedents Riley T. Svikhart Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr_online Part of the Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation 93 Notre Dame L. Rev. Online 1 (2018) This Essay is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review Online by an authorized editor of NDLScholarship. For more information, please contact [email protected]. ESSAY DEAD PRECEDENTS Riley T. Svikhart* INTRODUCTION Shaun McCutcheon’s was the “next big campaign finance case to go before the Supreme Court.”1 When the Alabama GOP warned the conservative businessman that his 2010 federal campaign contributions might soon exceed a congressionally imposed limit, he decided to “take a stand.”2 Together, McCutcheon and the Republican National Committee (RNC)—which “wish[ed] to receive the contributions that McCutcheon and similarly situated individuals would like to make” in the absence of such aggregate contribution limits3—challenged the responsible statutory regime4 on First Amendment grounds and attracted national attention en route to a victory before the Supreme Court.5 But while McCutcheon and the RNC prevailed in their case, they failed in another noteworthy regard—Chief Justice Roberts’s controlling opinion declined their request to squarely overrule a relevant portion of the landmark campaign © 2017 Riley T. Svikhart. Individuals and nonprofit institutions may reproduce and distribute copies of this Essay in any format, at or below cost, for educational purposes, so long as each copy identifies the author, provides a citation to the Notre Dame Law Review Online, and includes this provision and copyright notice. -
Congressional Testimony
CONGRESSIONAL TESTIMONY H.R. 51, "Washington, D.C. Admission Act" Testimony before the Committee on Oversight and Reform United States House of Representatives March 22, 2021 Zack Smith Legal Fellow Edwin Meese III Center for Legal and Judicial Studies The Heritage Foundation Table of Contents I. The District of Columbia cannot be converted into our nation's 51st state without a constitutional amendment 3 II. Former Washington, DC Mayor Walter E. Washington raised practical concerns about making the District a state, and former Delegate Walter Fauntroy raised constitutional concerns 4 III. The historical reasons for securing full federal control over the seat of government, for preventing one state from having outsized influence on the federal government, and for the important symbolic value of having a national capital free from a single state's influence remain true today 6 IV. Both Democratic and Republican Justice Departments have reached the same conclusion that DC statehood requires a constitutional amendment 8 A. The fact that Congress has used its authority under Article IV, section 3 of the Constitution to admit 37 other states is constitutionally irrelevant. The District owes its existence to the fact that Congress exercised its CONGRESSIONAL TESTIMONY authority under Article I, section 8, clause 17 of the Constitution to create it. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 9 l. The prior retrocession of part of the District to Virginia should not be used as precedent 1O 2. Maryland's consent is needed before a new state can be created from the land it donated to create the federal seat of government 10 B. The Twenty-Third Amendment provides the most serious constitutional obstacle to the District's becoming a state via simple legislation. -
Oppose Judge Amy Coney Barrett's Nomination to the Supreme Court
TAKE ACTION TO SAVE ROE: Oppose Judge Amy Coney Barrett’s Nomination to the Supreme Court With the death of Supreme Court Justice Ruth Bader Ginsburg, the American people lost a champion for gender equality and reproductive rights. President Trump’s nominee to replace her, Judge Amy Coney Barrett, has the most extreme anti-reproductive rights record of any Supreme Court nominee since the rejected nomination of Judge Robert Bork over 30 years ago. Reproductive rights should not be open for debate. The ability to make these highly personal decisions is central to a person’s dignity and liberty and to gender equality. Take action today to make your voice heard about why Judge Barrett’s nomination must not proceed. PRESIDENT TRUMP’S NOMINEE: WHAT CAN I DO TO STOP THIS NOMINATION AND JUDGE AMY CONEY BARRETT HELP SAVE ROE? Senators need to hear directly from their constituents President Trump has made reversing Roe v. about why abortion rights and this nomination matters Wade a litmus test for his Supreme Court to you. nominees. Judge Barrett’s record supports that test. Her approach to constitutional 1. Tell your Senators to vote NO on Judge Barrett’s interpretation, opinions as a federal appellate confirmation and urge them to vocally stand up for judge, and vitriolic public advocacy disparaging reproductive rights and the ACA. Click here to send a contraception, opposing abortion, and message or call 202-224-3121. defending “the right to life from fertilization” 2. Share your story or viewpoint on why access to lay bare a deep disagreement with the abortion is important to you by publishing op-eds, established constitutional protections for letters to the editor, and social media posts. -
Lessons Learned from Justice Ruth Bader Ginsburg
LESSONS LEARNED FROM JUSTICE RUTH BADER GINSBURG Amanda L. Tyler* INTRODUCTION Serving as a law clerk for Justice Ruth Bader Ginsburg in the Supreme Court’s October Term 1999 was one of the single greatest privileges and honors of my life. As a trailblazer who opened up opportunities for women, she was a personal hero. How many people get to say that they worked for their hero? Justice Ginsburg was defined by her brilliance, her dedication to public service, her resilience, and her unwavering devotion to taking up the Founders’ calling, set out in the Preamble to our Constitution, to make ours a “more perfect Union.”1 She was a profoundly dedicated public servant in no small measure because she appreciated just how important her role was in ensuring that our Constitution belongs to everyone. Whether as an advocate or a Justice, she tirelessly fought to dismantle discrimination and more generally to open opportunities for every person to live up to their full human potential. Without question, she left this world a better place than she found it, and we are all the beneficiaries. As an advocate, Ruth Bader Ginsburg challenged our society to liber- ate all persons from the gender-based stereotypes that held them back. As a federal judge for forty years—twenty-seven of them on the Supreme Court—she continued and expanded upon that work, even when it meant in dissent calling out her colleagues for improperly walking back earlier gains or halting future progress.2 In total, she wrote over 700 opinions on the D.C. -
Congressional Record—Senate S6886
S6886 CONGRESSIONAL RECORD — SENATE October 31, 2017 that—exactly the opposite. She wrote EXECUTIVE SESSION preme court justices who were not ap- that if a judge’s personal views were to proved by Republican Senators to move impede that judge’s ability to impar- to the Federal bench: Lisabeth Tabor tially apply the law, then the judge EXECUTIVE CALENDAR Hughes from Kentucky, Myra Selby should recuse herself from the case. The PRESIDING OFFICER. Under from Indiana, Don Beatty from South As the coauthor of that article and the previous order, the Senate will pro- Carolina, Louis Butler from Wisconsin, current president of Catholic Univer- ceed to executive session and resume Patricia Timmons-Goodson from North sity recently put it, ‘‘The case against consideration of the Barrett nomina- Carolina. Prof. Barrett is so flimsy, that you tion, which the clerk will report. Senate Republicans turned obstruc- have to wonder whether there isn’t The senior assistant legislative clerk tion of judicial nominees into an art some other, unspoken, cause for their read the nomination of Amy Coney form under President Obama. Yet Sen- objection.’’ Barrett, of Indiana, to be United States ator MCCONNELL, day after day, has It does make you wonder. Circuit Judge for the Seventh Circuit. said: ‘‘I think President Obama has To those using this matter as cover The PRESIDING OFFICER. The as- been treated very fairly by any objec- to oppose Professor Barrett because of sistant Democratic leader. tive standard.’’ her personally held religious beliefs, Mr. DURBIN. Mr. President, Senator He comes to the floor now regularly let me remind you, there are no reli- MCCONNELL has come to the floor to to complain about ‘‘obstruction’’ of gious tests—none—for public office in complain about what he calls obstruc- Trump nominees. -
The US Supreme Court and Criminal Justice Policy
The University of Akron IdeaExchange@UAkron Akron Law Review Akron Law Journals July 2015 The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy Christopher E. Smith Please take a moment to share how this work helps you through this survey. Your feedback will be important as we plan further development of our repository. Follow this and additional works at: http://ideaexchange.uakron.edu/akronlawreview Part of the Criminal Law Commons, Judges Commons, and the Supreme Court of the United States Commons Recommended Citation Smith, Christopher E. (1997) "The mpI act of New Justices: The .SU . Supreme Court and Criminal Justice Policy," Akron Law Review: Vol. 30 : Iss. 1 , Article 3. Available at: http://ideaexchange.uakron.edu/akronlawreview/vol30/iss1/3 This Article is brought to you for free and open access by Akron Law Journals at IdeaExchange@UAkron, the institutional repository of The nivU ersity of Akron in Akron, Ohio, USA. It has been accepted for inclusion in Akron Law Review by an authorized administrator of IdeaExchange@UAkron. For more information, please contact [email protected], [email protected]. Smith: The U.S. Supreme Court and Criminal Justice Policy The Impact of New Justices: The U.S. Supreme Court and Criminal Justice Policy by * Christopher E. Smith I. Introduction The Supreme Court is an important policy-making institution. In criminal justice,1 for example, the high court issues decisions affecting institutions, actors, and processes throughout the justice system, from police investigations2 through corrections and parole.3 The Court's policy decisions affecting criminal justice are produced by the votes of the nine justices who select, hear, decide, and issue opinions in cases. -
How to Think About the Foundations of American Conservatism James W
No. 22 How to Think About the Foundations of American Conservatism James W. Ceaser, Ph.D. ontemporary American conservatism, which is Reagan. The remarkable diversity of this coalition has Cnotorious for its internal factionalism, is held been both a source of strength and a source of weak- together by a self-evident truth: conservatives’ shared ness for the conservative movement. Each part came antipathy to modern liberalism. Their main objections into existence at a different time and under differ ent are well-known. circumstances, and each has been guided by a different Almost to a man or woman, conservatives oppose principle by which it measures what is good or right. using government authority to enforce a vision of greater equality labeled by its supporters, with great • For religious conservatives, that principle is seduction, as “social justice.” Nearly as many conser- biblical faith. vatives object to the use of government authority—or, • For libertarians, it is the idea of “spontaneous alternatively, to the denial of government authority order,” the postulate that a tendency is opera- where it is natural, legal, and appropriate—to pro- tive in human affairs for things to work out for mote a worldview of individualism, expressivism, and themselves, provided no artificial effort is made secularism. Finally, most conservatives want nothing to impose an overall order. to do with an airy internationalism, frequently suspi- • For neoconservatives, it is a version of “natural cious of the American nation, that has shown itself so right,” meaning a standard of good in political inconstant in its support for the instruments of secu- affairs that is discoverable by human reason. -
The Wit and Wisdom of Donald J. Trump - Volume One : 8X10 College Ruled - 200 Blank Notebook Pages Pdf, Epub, Ebook
THE WIT AND WISDOM OF DONALD J. TRUMP - VOLUME ONE : 8X10 COLLEGE RULED - 200 BLANK NOTEBOOK PAGES PDF, EPUB, EBOOK Buckskin Creek Journals | 202 pages | 11 Aug 2018 | Createspace Independent Publishing Platform | 9781725123359 | English | none The Wit and Wisdom of Donald J. Trump - Volume One : 8x10 College Ruled - 200 Blank Notebook Pages PDF Book Molly Olmstead: Conservatives are already playing up hypothetical anti-Catholic bias against Amy Coney Barrett : Because we all know how concerned conservatives are when it comes to prejudice against minorities? Matties, You are not suspicious of Biden and all the other globalist but suspicious of Trump? Most of them lack context, and may err by omission, but they're not fake news. Romney too wants to reach across the aisle. As former KGB and Washington swamp know now. I have a sister who now is looking for work in Canada because of this election, as well as many other twitter people I follow. The communities welcomed him. Dollar Index at that time, I suggest. To Mr. Read the thread!! But minority rule is on the ballot. The illusion of governance overshadows the chaos in the nuts and bolts of implementation situated in the agencies charged with making it happen. The decision is simple for me. Ever since, the right has mounted an hysterical campaign to take away the rights granted by the Court -- especially abortion, but also the constitutional right to privacy free choice is based on -- and to secure ever greater privileges for the rich as evidenced most clearly by the Court's recent claim that unlimited campaign spending is protected "free speech". -
Trump Judges: Even More Extreme Than Reagan and Bush Judges
Trump Judges: Even More Extreme Than Reagan and Bush Judges September 3, 2020 Executive Summary In June, President Donald Trump pledged to release a new short list of potential Supreme Court nominees by September 1, 2020, for his consideration should he be reelected in November. While Trump has not yet released such a list, it likely would include several people he has already picked for powerful lifetime seats on the federal courts of appeals. Trump appointees' records raise alarms about the extremism they would bring to the highest court in the United States – and the people he would put on the appellate bench if he is reelected to a second term. According to People For the American Way’s ongoing research, these judges (including those likely to be on Trump’s short list), have written or joined more than 100 opinions or dissents as of August 31 that are so far to the right that in nearly one out of every four cases we have reviewed, other Republican-appointed judges, including those on Trump’s previous Supreme Court short lists, have disagreed with them.1 Considering that every Republican president since Ronald Reagan has made a considerable effort to pick very conservative judges, the likelihood that Trump could elevate even more of his extreme judicial picks raises serious concerns. On issues including reproductive rights, voting rights, police violence, gun safety, consumer rights against corporations, and the environment, Trump judges have consistently sided with right-wing special interests over the American people – even measured against other Republican-appointed judges. Many of these cases concern majority rulings issued or joined by Trump judges. -
What Does Justice Scalia's Death Mean for Congress and the Nation?
CRS Reports & Analysis Legal Sidebar What Does Justice Scalia’s Death Mean for Congress and the Nation? 02/16/2016 Over the weekend, the nation was shocked to learn of the passing of Supreme Court Justice Antonin Scalia. The death of the longest serving and, in the view of some commentators, most influential Justice on the current Court will have significant implications for the third branch of government. Justice Scalia’s absence may alter the outcome of several cases of interest to Congress pending before the Court and could mark a seismic shift in many legal doctrines, depending on who is confirmed to fill the newly vacant seat on the Court. The job of confirming the President’s nomination to fill the vacancy resides with the Senate, making Justice Scalia’s death likely to have a profound impact in both the short and long term on Congress. This sidebar, the first of several pending CRS projects on Justice Scalia and the new Supreme Court vacancy, provides an overview of the major implications of Justice Scalia’s death for Congress. Court’s Consideration of Cases in the Current and Future Terms Justice Scalia’s passing will undoubtedly impact the work of the Court in the near and long term. He brought well- known views regarding textualism and originalism to his consideration of cases before the Court. Textualism can be broadly described as a method of construing statutes and other texts that focuses on the plain meaning of the words used, affording little, if any, significance to extrinsic sources, like legislative history. -
Lee Edwards Papers
http://oac.cdlib.org/findaid/ark:/13030/kt5q2nf31k No online items Preliminary Inventory of the Lee Edwards papers Finding aid prepared by Hoover Institution Library and Archives Staff Hoover Institution Library and Archives © 2009, 2013 434 Galvez Mall Stanford University Stanford, CA 94305-6003 [email protected] URL: http://www.hoover.org/library-and-archives Preliminary Inventory of the Lee 2010C14 1 Edwards papers Title: Lee Edwards papers Date (inclusive): 1878-2004 Collection Number: 2010C14 Contributing Institution: Hoover Institution Library and Archives Language of Material: English Physical Description: 389 manuscript boxes, 12 card file boxes, 2 oversize boxes, 5 film reels, 1 oversize folder(146.4 Linear Feet) Abstract: Correspondence, speeches and writings, memoranda, reports, studies, financial records, printed matter, and sound recordings of interviews and other audiovisual material, relating to conservatism in the United States, the mass media, Grove City College, the Heritage Foundation, the Republican Party, Walter Judd, Barry Goldwater, and Ronald Reagan. Includes extensive research material used in books and other writing projects by Lee Edwards. Also includes papers of Willard Edwards, journalist and father of Lee Edwards. Creator: Edwards, Lee, 1932- Creator: Edwards, Willard, 1902-1990 Hoover Institution Library & Archives Access The collection is open for research; materials must be requested at least two business days in advance of intended use. Publication Rights For copyright status, please -
Justice Sandra Day O'connor: the World's Most Powerful Jurist?
JUSTICE SANDRA DAY O'CONNOR: THE WORLD'S MOST POWERFUL JURIST? DIANE LOWENTHAL AND BARBARA PALMER* I. INTRODUCTION Justice Sandra Day O'Connor has been called a "major force on [the] Supreme Court,"' the "real" Chief Justice, 2 and "America's most powerful jurist."' 3 Others have referred to her as "the most 5 powerful woman in America" 4 and even of "the world.", Even compared to women like Eleanor Roosevelt and Hillary Clinton, there is no one "who has had a more profound effect on society than any other American woman... If someone else had been appointed to her position on the court, our nation might now be living under different rules for abortion, affirmative action, race, religion in school and civil rights. We might well have a different president." 6 Former Acting Solicitor General Walter Dellinger noted, "What is most striking is the assurance with which this formerly obscure state court judge effectively decides many hugely important questions for a country of 275 million people.",7 As one journalist put it, "We are all living in * Diane Lowenthal, Ph.D. in Social and Decision Sciences, Carnegie Mellon University and Barbara Palmer, Ph.D. in Political Science, University of Minnesota, are assistant professors in American University's Washington Semester Program. The authors would like to thank their undergraduate research assistants, Amy Bauman, Nick Chapman-Hushek, and Amanda White. This paper was presented at October 28, 2004 Town Hall The Sway of the Swing Vote: Justice Sandra Day O'Connor and Her Influence on Issues of Race, Religion, Gender and Class sponsored by the University of Maryland Law Journal of Race, Religion, Gender and Class and the Women, Leadership and Equality Program.