Althouse: "[W]hen U.S. Appeals Court Judge Amy Coney Barrett of Chicago came up as Trump was picking a successor to Justice Anthony Kennedy, the president said: 'I'm saving her for Ginsburg.'"

September 19, 2020

"[W]hen U.S. Appeals Court Judge Amy Coney Barrett of Chicago came up as Trump was picking a successor to Justice Anthony Kennedy, the president said: 'I'm saving her for Ginsburg.'"

"Trump changes his mind all the time. But Republicans tell us Barrett, 48, a favorite of conservative activists, remains at the top of the White House list. Twitter already calls her 'ACB.'"

From "A court fight for the ages" (Axios).

100 comments:

Vance said...: Barrett is a good choice because watching Democrats go insane over a mom of 7 kids and a good catholic would be bad news for the Biden camp.

But I think the smart choice would be Thomas Lee from the Utah Supreme Court. Mitt Romney cannot possibly vote no or present, so that shores up the vote count for Trump.

Lee is a brilliant judge (and one of my old professors) I’ve argued in front of him and he’s sharp. I don’t think he’d pull a Breyer and turn left in office. Plus, he’s a minority as well: Mormon.; 9/19/20, 1:41 PM
gspencer said...: If this is the "female" chair, then let it be occupied by 48-year female who understands that over-riding thesis of the Constitution is limitation of the created beast. The Buzz was the outlier, refusing to honor her Article VI oath to "this Constitution."; 9/19/20, 1:41 PM
reader said...: I think he should go for Cruz because Cruz has already been vetted six ways to Sunday. If Trump is going to do it he should do it fast. Cruz may not want it but he may have to decide to step up and serve his country.; 9/19/20, 1:45 PM
Achilles said...: She better be up for a fight.

Don't be nominating a weakling.

There is a very small window to drive these people off and avoid civil war.; 9/19/20, 1:45 PM
rehajm said...: People forget how the Kavanaugh crap unified the Senate Republicans, including a sufficient number of squishes.; 9/19/20, 1:48 PM
Gahrie said...: I'm already on the record for saying that if they try to confirm someone before the election, it should be Barrett.; 9/19/20, 1:50 PM
Michael K said...: Is she and her family willing to go through the death threats and attacks ? I wonder. The left will leave no threat or insult unused.; 9/19/20, 1:50 PM
Bruce Gee said...: When I heard justice Ginsberg died, my heart sank. This country has been torn almost in two by a combination of one side not accepting a presidential election result, plus the pandemic, and here we are in another gruesome election year. I am not at all sure the left can generate any greater hostility than it has already shown, but the next SC hearings are going to be a shitshow. At best, it will be more of the same outlandish drama. I think a large part of "caring" America will want to turn its back on it all, and get back to work.; 9/19/20, 1:57 PM
Diogenes of Sinope said...: Democrats already have lined up their attack on Barrett's religious beliefs. It's illegal, it's bigoted, it's immoral and the Democrats don't give one fuck. They will do anything to stop a Trump nominee to SCOTUS. And, we're also going to find out that in her spare time Barrett is a racist.; 9/19/20, 1:57 PM
Rory said...: If you click through to the second link, the source of the quote is, "three sources familiar with the president's private comments."; 9/19/20, 1:58 PM
rehajm said...: ACB helps me- I keep wanting to call her Amy Farrah Fowler...; 9/19/20, 1:58 PM
Not Sure said...: Good thing ACB's full name isn't Amy Coney Adams Barrett.; 9/19/20, 2:04 PM
Lucid-Ideas said...: I am not convinced by her conservative bona fides. A lot was made public about her voting record the last time.

I also don't care about maintaining the gender of the seat from its previous holder. That is irrelevant to me.

My nominee would be Ted Cruz. A genuine strict interpretationalist constitutionalists. That's what we need on the court.; 9/19/20, 2:07 PM
Original Mike said...: From the Axios article…"Ruth Bader Ginsburg — feminist icon, legal giant, toast of pop culture — left this statement with granddaughter Clara Spera as cancer closed in: "My most fervent wish is that I will not be replaced until a new president is installed."

The big picture: For all that the nation owes "Notorious RBG""

Legal giant? I'm sorry, but the only "law" she performed was twisting the Constitution to meet her preferred liberal outcome. The nation owes her nothing.; 9/19/20, 2:15 PM
Original Mike said...: Cruz doesn't work. It would deprive the republicans of a confirmation vote that, apparently, they can't afford to lose.; 9/19/20, 2:22 PM
Dave Begley said...: ACB is a younger Catholic Althouse. First in her law school class at Notre Dame. Federal clerkship (of course!). Short time in private practice at Big Law. Law school professor at somewhere other than Harvard or Yale. Constitutional law.

What's her paper record? Law review articles. Ha! And, what, maybe 30-40 circuit court opinions?

She's already been through the hearings and confirmed. She knows how to handle the questions.

What can they get on her the second time? She got drunk at an undergrad party at Rhodes and threw up? She didn't vote for Mayor Pete?

Trump knows show biz. Think of the President introducing her and her family to the Nation at the White House. Face it. She's good looking. And has seven (!) of which two are adopted from Haiti.

Think of the hearings. Booker will give another unhinged performance. Harris will try to match wits with the Judge and it won't be a pretty sight.

People will think: Why are these Dems beating up on this nice MOM of seven?

Best of all: She's only 48. Thirty years on the bench if she wants it.; 9/19/20, 2:24 PM
Jeff Weimer said...: I'm not personally sold on Cruz, but he would likely be a shoo-in. It is my understanding he's not well liked in the chamber and Democrats would fall all over themselves to move him to another building.; 9/19/20, 2:25 PM
Original Mike said...: "Democrats already have lined up their attack on Barrett's religious beliefs. It's illegal, it's bigoted, it's immoral and the Democrats don't give one fuck. They will do anything to stop a Trump nominee to SCOTUS. And, we're also going to find out that in her spare time Barrett is a racist."

I'm thinking hearings before the election may be more important than holding a confirmation vote. Let the country see democrat ugliness right before we vote.; 9/19/20, 2:27 PM
Limited blogger said...: Does Amy like beer?; 9/19/20, 2:27 PM
chuck said...: Is she and her family willing to go through the death threats and attacks?

I'm wondering the same, it's a lot to ask.; 9/19/20, 2:28 PM
Swede said...: I wonder how many people she serially raped?

We're about to find out!; 9/19/20, 2:30 PM
wbfjrr2 said...: If Grassley and McConnell are smart, the hearings will be limited, audience free, and a VERY well guarded perimeter by US Marshals and Capital Police. No more paid rioters in the hearing room disrupting or anywhere in the building for that matter. Short and sweet.

If they choose to riot outside, fine. Riots don't inspire voters in their favor.; 9/19/20, 2:31 PM
Readering said...: I read that ACB's chemistry was not very good when she interviewed for the Kennedy seat. Hope Trump sticks to his Ivy bias and picks the Latina from the 11th Circuit.; 9/19/20, 2:31 PM
Joe Smith said...: "Twitter already calls her 'ACB.'"

Phil Collins calls her 'ABACAB.'

: ); 9/19/20, 2:31 PM
Joe Smith said...: "My nominee would be Ted Cruz. A genuine strict interpretationalist constitutionalists. That's what we need on the court."

No idea what I'm talking about, but wouldn't that be taking away a (his) vote?; 9/19/20, 2:33 PM
MayBee said...: It has to be a woman. It has to be. Women- especially married women- are important to Republicans. It's hard to keep that message alive if women aren't given a chance at the highest bench in the land by conservatives when they have have the presidency and the senate.; 9/19/20, 2:34 PM
eddie willers said...: When I heard justice Ginsberg died, my heart sank. This country has been torn almost in two by a combination of one side not accepting a presidential election result, plus the pandemic, and here we are in another gruesome election year.

Just last week I was telling my niece that 2020 is pretty bad, but no way is it as bad as 1968.

Well...we're getting closer now.

PS. To those suggesting Cruz or that Morman. Forget it. They get a chance during a second Trump term, but not before. It WILL be a woman.; 9/19/20, 2:36 PM
doctrev said...: I have no problems with ACB's religion, but I don't want another religious minority on the Supreme Court, whether they're nominally Catholic or proud Mormons. What's so bad about regular white Anglo-Saxon Protestants, exactly? Do they not have enough merit to replace RBG?; 9/19/20, 2:41 PM
Readering said...: Reportedly Trump gave McConnell his top 3 choices, all practicing Roman Catholics. Abortion jurisprudence really warps the USSC.; 9/19/20, 2:49 PM
Narayanan said...: can Ted Cruz vote for himself?; 9/19/20, 2:54 PM
Jaq said...: Democrats have to be happy to get the riots off of the front pages really, not just by having their operatives in the media refuse to report on them.; 9/19/20, 2:56 PM
Crimso said...: If Cruz is nominated, how does that affect the process? Does he get to question himself? Does he have to recuse or step down? Etc. etc.; 9/19/20, 2:57 PM
Michael K said...: My nominee would be Ted Cruz. A genuine strict interpretationalist constitutionalists. That's what we need on the court.

First, it would subtract one vote in the Senate. Cruz will take Thomas's place.; 9/19/20, 2:58 PM
Sebastian said...: "A court fight for the ages"

Which itself illustrates the utter corruption of American "law."

American exceptionalism at work.; 9/19/20, 3:01 PM
Spiros said...: This sucks for Biden. Mr. Biden has to communicate the legal ramifications of Justice Ginsburg's death. He can't "leave it to the lawyers and courts." Everything from family law to criminal law to our schools will be impacted by President Trump's choice.

The future of the liberal agenda is no longer with the courts. The Democrats must win at the ballot box and in an overwhelming manner to advance their agenda. But this is tough. Most people hate quotas/affirmative action and late term elective abortions. These are loser issues that the Dems don't want to talk about. But they have to...; 9/19/20, 3:08 PM
CHMCM said...: I heard Amy Barrett speak to the Dallas chapter of the St. Thomas More Society (an organization of Catholic lawyers). She never mentioned that she was on the short list for the Supreme Court nor did anyone ask her about that possibility. Nevertheless, based on her speech, she believes that if it is offered, she has a moral duty to accept even though she realizes that the confirmation process will be brutal. She said that St. Thomas sacrificed everything including family to do what was right and we should each be willing to do the same. She gave the speech shortly after Kavanaugh’s confirmation.; 9/19/20, 3:12 PM
Zach said...: "A court fight for the ages"

And at 8:30 AM on Day 1 of the fight, Biden announced he would have no public events for the day.

It bears remembering when you think about nightmare post election scenarios: Biden is not going to be participating in any drawn out, vigorous activities that require substantial leadership. How you want to square that with running for President is up to you, but those are the facts in evidence.; 9/19/20, 3:14 PM
Drago said...: Readering: "Reportedly Trump gave McConnell his top 3 choices, all practicing Roman Catholics. Abortion jurisprudence really warps the USSC."

Ponder that deeply the next time you and your dem pals go wandering in search of emanations and penumbras.; 9/19/20, 3:19 PM
Drago said...: Readering: "I read that ACB's chemistry was not very good when she interviewed for the Kennedy seat."

ACB did not get along with hacks who smeared Kavanaugh as the leader of an underage rape gang.

Gee, its a real mystery why ACB didn't hit it off with our marxist dem senators.

Inexplicable really.; 9/19/20, 3:22 PM
Lucid-Ideas said...: I meant what I said. I am considerably more familiar with Cruz's constitutional and case law interpretations (as such) and I believe he would make a unique and exceptionally better supreme court justice then as a senator.

I understand that this might not represent the 'moneyball' opinion, but to me it represents the right one. Cruz would be a historical justice. Texas will find another senator.; 9/19/20, 3:22 PM
Drago said...: Jeff Weimer: "I'm not personally sold on Cruz, but he would likely be a shoo-in."

The democraticals/LLR-lefties already have 153 women lined up who will testify, in squeaky little voices, that Cruz raped and tortured them and then the dems will demand a Christopher Wray "investigation" into these "charges" and Wray will take about 90 days to "investigate" and confer with Mueller and Weissman to report back that the results of the "investigation" are "mixed".; 9/19/20, 3:26 PM
Gk1 said...: Democrats no longer have the capacity or ability to see how unhinged they look to normal people right now. So you might as well go with the candidate you really want instead of compromising. You know who ever Trump picks the democrats and the media will smear as a rapist just like Kavanaugh.

Funny, has anyone ever seen any contrition or sign from democratic senators or their followers they went overboard smearing Kavanaugh and his family? I've never seen any. So fuck em'. Send it to the SCOTUS nominee to the Senate for a straight up and down vote. No need to set up another dunking booth for these democratic fuck heads.; 9/19/20, 3:28 PM
madAsHell said...: Abortion jurisprudence really warps the USSC.

Child sacrifice jurisprudence really warps the USSC.

Abortion is a euphemism.; 9/19/20, 3:33 PM
dreams said...: The Liberal Democrats will destroy her, I don't think she'll accept the offer if it's made, given the pain to her and her family. The Democrats are truly evil.; 9/19/20, 3:38 PM
Ingachuck'stoothlessARM said...: Reports: Ricin discovered in mail sent to the White House

https://www.thedenverchannel.com/news/national/reports-ricin-discovered-in-mail-sent-to-the-white-house
---
NPR: possibly Monday Trump names nominee; 9/19/20, 3:43 PM
Dear corrupt left, go F yourselves said...: Andy Ngô
@MrAndyNgo
.@GoFundMe
deplatformed a fundraiser for protective vests launched by a black conservative who was stabbed by an Antifa militant—but it still allows an Antifa version with over $36,000 raised to remain up.; 9/19/20, 3:49 PM
n.n said...: I wonder if Ginsburg had an epiphany, an irreconcilable moment.

Barrett... Follow The Constitution. Follow The Declaration. Follow Christ. Good.; 9/19/20, 3:54 PM
Ingachuck'stoothlessARM said...: would the Libs foster such election chaos so as to ask for UN oversight?

...nah, right?

https://www.change.org/p/the-united-nations-request-u-n-oversight-of-u-s-a-elections; 9/19/20, 3:54 PM
Kate said...: What the Dems will do is too toxic for a family with minor-aged children. Unfair to Amy, but that's how it is. Hell, the Left scarred Kav's girls for life, and that was before the riots started. Trump needs someone...well-seasoned.; 9/19/20, 3:55 PM
Leland said...: Cruz already declined. It won't be Cruz.; 9/19/20, 3:55 PM
n.n said...: Democrats already have lined up their attack on Barrett's religious beliefs. It's illegal, it's bigoted, it's immoral

The spirit and letter of our national charter. It's Constitutional. It's sanctimonious hypocrisy? Show me the principles! It's immoral... it's moral: God the philosopher vs mortal god philosophers.

Barrett is a racist

Diversity dogma is a motive? Probably not. She seems to be a sincere Catholic: people before color.; 9/19/20, 4:02 PM
Ingachuck'stoothlessARM said...: More Obama Boomerang Butt-Bites; 9/19/20, 4:03 PM
Kevin said...: I am not at all sure the left can generate any greater hostility than it has already shown, but the next SC hearings are going to be a shitshow.

There are no requirements for hearings.

I see no reason to provide a public forum for people who've already made up their minds.

America, and anyone talented enough to serve on the Supreme Court, doesn't need endless hours of people making speeches and constructing "gotcha" questions to move themselves up in the nightly newscasts.; 9/19/20, 4:08 PM
Madero said...: No conservative Justice will be confirmed unless Trump re-election (which is unlikely). The media, Democrats, and RINOs will make sure of that.; 9/19/20, 4:13 PM
wild chicken said...: "What's so bad about regular white Anglo-Saxon Protestants, exactly?"

Maybe there aren't any likely candidates who are conservative? Ambitious WASP lawyers used to be churched, usu Episco, but not so much anymore.

Protestants deep sixed their intellectual wing 60 years ago, unlike Catholics. FWIW.; 9/19/20, 4:15 PM
Birches said...: Cruz wants to be president in 24. He's already said he's going to nominate Mike Lee.

ACB or bust, though the Florida lady is intriguing.; 9/19/20, 4:21 PM
rcocean said...: Goresuch was a FAVORITE of "conservative activists" too. And so was Roberts. I'll wait for Coulter to weigh-in.; 9/19/20, 4:26 PM
rcocean said...: cruz would be a great choice. I'm assuming he can vote for himself.; 9/19/20, 4:26 PM
Joe Smith said...: "...but I don't want another religious minority on the Supreme Court, whether they're nominally Catholic or proud Mormons."

Catholics are roughly 22% and 75 million people in the U.S.

Yes, a minority, but a damned large one.

Mormons? About 6.5 million.

There are minorities and then there are minorities...

Whoever is chosen, I just hope they are not Ivy League.; 9/19/20, 4:28 PM
J Melcher said...: I am hoping for Margaret "Meg" Ryan. About time to have a military veteran on SCOTUS. Also, she looks a wee bit like Ginsburg, for what little that's worth.

Don Willet would be fun.; 9/19/20, 4:31 PM
mikee said...: The Congress of the United States has had the opportunity since 1972 to legislatively address the issue of abortion. That they have not indicates both sides prefer having the political issue to the resolution of the political issue.

The Dems, if they win this fall, could moot the Supremes as arbiters of abortion law.
The Repubs, if they win this fall, could do the same.
They won't.

To hell with the Congress. They like arguing, not solving, problems.; 9/19/20, 4:32 PM
stevew said...: Susan Collins (R-ME) announces her strong opinion that the vote on the nominee for the open seat should wait until after the election. I would note that she is up for re-election in November and facing a strong challenge from Sarah Gideon. This move would indicate she agrees that the challenge is strong and that Maine has largely shifted to be a blue electoral state.; 9/19/20, 4:37 PM
Marc in Eugene said...: How much does it cost to buy children in Haiti and/or which laws were broken in the process? And wasn't she in a cult? And she's not really a conservative.

That's what I remember from ACB, the last time.; 9/19/20, 4:38 PM
BUMBLE BEE said...: From 2016.... YOWZA https://twitter.com/i/status/1307325966314864651 You knew the "Orderly Transfer Of Power" was really just another dem bullshit line.; 9/19/20, 4:46 PM
Francisco D said...: Readering said...
Reportedly Trump gave McConnell his top 3 choices, all practicing Roman Catholics. Abortion jurisprudence really warps the USSC.

There is way around this regular turmoil. The USSC should overturn Roe and let the states legislate.

I say this as a generally pro-choice with reasonable limits, but I do not think that there is a constitutional right to abortion.

You might be surprised that Democrats will benefit at the state level from overturning Roe.; 9/19/20, 4:47 PM
Gahrie said...: Reportedly Trump gave McConnell his top 3 choices, all practicing Roman Catholics. Abortion jurisprudence really warps the USSC.

Why that's almost as bad as picking a vice presidential candidate because they're Black and a woman.; 9/19/20, 4:48 PM
Drago said...: Ingachuck'stoothlessARM: "Reports: Ricin discovered in mail sent to the White House"

I suspect it was mailed from the 7th Floor of the FBI Headquarters Building.; 9/19/20, 4:58 PM
CapitalistRoader said...: Susan Collins (R-ME) announces her strong opinion that the vote on the nominee for the open seat should wait until after the election.

That's the correct message from Sen. Collins. And she can hang her hat on that even if the Majority Leader decides to start the nomination process earlier.; 9/19/20, 4:58 PM
wild chicken said...: "The USSC should overturn Roe and let the states legislate."

*state Republican pols praying it never happens* Lol; 9/19/20, 5:00 PM
J Melcher said...: "What's so bad about regular white Anglo-Saxon Protestants, exactly?"

Jewish Rabbis and Catholic Jesuit Priests are steeped in thousands of years of tradition in the study of a limited canon of Law applied to ever-changing conditions of culture, politics, technology, even (with the discovery of the New World) new geography. Each decision not only addresses the current conditions and case, but affirms the Law and the interpretive process.

With respect to my Baptist friends -- merely the sharp edged example of Protestant tendencies altogether -- American Protestant theological study tends to cut the opposite way. Solve the problem. Ignore or neglect or re-define the process and the canon. Consider Asbury and Wesley...

Or, the History of RedNecks according to Joe Bob: https://www.takimag.com/article/a_brief_history_of_the_redneck_joe_bob_briggs/2/

I love admire respect and depend upon my citizen-brothers of the WASP persuasion but I do see their limitations on the judicious end of things.; 9/19/20, 5:00 PM
wild chicken said...: " I'll wait for Coulter to weigh-in.

She has. She wants Miguel Estrada.; 9/19/20, 5:02 PM
Ken B said...: Who would want this nomination?
Barrett has some advantages. She is beautiful. Not just good looking by Washington standards, but almost model level beautiful. Imagine the hearings. The Democrats make much of Biden's faith but are at heart an anti catholic party beset by bigotry. This would expose that.

Still, I think Trump will and should pick someone else. Someone not white. Let the Democrats expose their prejudice.; 9/19/20, 5:16 PM
Anonymous said...: Readering is right about abortion jurisprudence but what can really be done about it?

I am pro-choice at least for the first trimester; I think Roe is a shitshow.; 9/19/20, 5:18 PM
Bay Area Guy said...: The Dems are very upset about this. The are really steaming. If McConnell pushes the nomination thru, they have threatened to loot, riot, burn buildings, throw Molotov cocktails, shoot cops, impeach the President and then falsely accuse the nominee of sexual assault in high school.

Wait.........; 9/19/20, 5:27 PM
Bill, Republic of Texas said...: You might be surprised that Democrats will benefit at the state level from overturning Roe.

If always thought that was true. The young, suburban, black women and irresponsible young males will make an unbreakable political alliance at the state level.

But after 20-30 years the people will allow some Republicans to be elected since the abortion issue has finally been put to rest.; 9/19/20, 5:31 PM
Bob Loblaw said...: I think he should go for Cruz because Cruz has already been vetted six ways to Sunday. If Trump is going to do it he should do it fast. Cruz may not want it but he may have to decide to step up and serve his country.

How could Trump nominate the son of the guy who shot Kennedy? :); 9/19/20, 5:37 PM
Kathryn51 said...: Read on Twitter today: "Any guy who dated Amy Coney Barrett in highschool or college better get busy cancelling all of their social media accounts".; 9/19/20, 5:41 PM
Charlie Currie said...: This is also going around at the treehouse:

SOURCES: Federal Appeals Court Judge Barbara Lagoa of Florida, a Columbia Law School grad (like RBG) and first generation Cuban-American, has emerged as one of the top #scotus contenders. Short list also includes Judge Amy Coney Barrett, Deputy WH Counsel Kate Comerford Todd; 9/19/20, 5:49 PM
rhhardin said...: G U R U S
U R I N E
R I C I N
U N I X S
S E N S E

1. (across and down) use ricin in a sentence in a 5x5 word square

as a verb in this case.; 9/19/20, 5:52 PM
traditionalguy said...: Alert: Airforce One just landed safely at Fort Bragg.; 9/19/20, 5:53 PM
J. Farmer said...: The Supreme Court performs an important role in society by settling divisive issues and removing them from the democratic process. There is an inherent tension between natural rights and democratic governance, and the Supreme Court helps resolve this tension.

Unfortunately, Roe v. Wade was a serious miscalculation. Although the US had been heading towards more liberal abortion laws (already legal in 20 states before Roe), they were likely unprepared for the political backlash that resulted.; 9/19/20, 5:58 PM
Ingachuck'stoothlessARM said...: were NYC riots her "fervent wish" ?

https://twitter.com/i/status/1307437490781839360; 9/19/20, 6:00 PM
Ralph L said...: Deputy WH Counsel Kate Comerford Todd

Holder of the Harriet Miers seat at the WH.; 9/19/20, 6:01 PM
Ingachuck'stoothlessARM said...: "nothing is off the table" in terms of retaliation

-- Schumer, Blumenthal (D's); 9/19/20, 6:13 PM
BrianE said...: This is really RBG's fault. Had she retired at 80 when Obama was president and the Democrats controlled the senate, none of this would be happening. If she she was waiting for Hillary's victory in 2016, why would she assume the Democrats would take control of the senate at the same time? Her vanity is just one of many-- death by a thousand cuts.; 9/19/20, 6:45 PM
minnesota farm guy said...: Obviously if any hearings are to be held the audience must be limited, everyone must social distance and masks must be worn except when drinking.

Seriously I think Trump should nominate Barrett and push for hearings. Cruz is much too unpopular, polarizing and easy to target. The Dems mistreating a woman will not go over well with the border line women. I have no idea where Susan Collins stands vis re-election, but I suspect she can be brought along to vote for a woman. Murkowski now owes Trump for approving drilling in ANWR - a huge deal for AK. Mitt will remain consistent and be an asshole.; 9/19/20, 6:48 PM
J Melcher said...: I could put up with the "Roe" formula. Trimesters, what a concept! Federal penumbras of emanations of implied constitutional rights have full power in the first 12 weeks, reduce to a mixed bag in the next 12, and leave absolute power in the final 12 weeks in the hands of the states, their legislatures, and their own voters -- who will include women. So.

It's "CASEY" that drives me nuts. The "health" of the mother exception that defines health in terms of her emotional well-being; her financial capacity; the state of her relationship with the father or any other male hanging around; and apparently her political dedication. It's the Casey decision that keeps courts overruling state legislatures that are trying to regulate against the Gosnells of this industry.; 9/19/20, 7:02 PM
Michael K said...: There is way around this regular turmoil. The USSC should overturn Roe and let the states legislate.

I say this as a generally pro-choice with reasonable limits, but I do not think that there is a constitutional right to abortion.

You might be surprised that Democrats will benefit at the state level from overturning Roe.

I agree and I am also pro-choice. I have even done abortions for which Inga, of all people, has scolded me. Only to viability. Roe was a disaster and will continue to be.; 9/19/20, 7:02 PM
n.n said...: [Democrats] have threatened to loot, riot, burn buildings, throw Molotov cocktails, shoot cops...

16 trimesters to prosecute witch hunts, hold warlock trials, and protest again, and again, and again, then throw another baby... Fetal-American on the barbie. Wicked solutions.; 9/19/20, 7:15 PM
Narayanan said...: mikee said...
The Congress of the United States has had the opportunity since 1972 to legislatively address the issue of abortion. That they have not indicates both sides prefer having the political issue to the resolution of the political issue.
-----------==========
in other words permanent irritants -; 9/19/20, 7:19 PM
Bruce Hayden said...: “Catholics are roughly 22% and 75 million people in the U.S.”

Keep in mind that the Democrats are starting to have serious problems with Hispanics, who are most often a much more conservative Catholic than Biden is. They have not taken BLM well at all. They also tend to be more pro-family than average in this country. The nomination of ACB is probably going to play very well with that demographic.

I am Protestant, and have doubts about making SCOTUS 7-2 proto-Catholic/Jewish (it was 6-3) (Proto-Catholic because Thomas is Episcopalian, but attends RC services, and one of the other Justices does the reverse). But, so far, I haven’t seen anything from the Court that has caused me concern in this area.; 9/19/20, 8:11 PM
Mark said...: I could put up with the "Roe" formula. . . .It's the Casey decision that keeps courts overruling state legislatures that are trying to regulate against the Gosnells of this industry.

So you like your human butchery to be clean and antiseptic, rather than seeing the ugly evil brutality for what it is?; 9/19/20, 8:16 PM
J Melcher said...: "The Congress of the United States has had the opportunity since 1972 to legislatively address the issue of abortion..."

Or Congress could revoke the "Authorization for Use of Military Force" that allowed Bush Obama and Trump to go bomb "terrorists" anywhere any time for any pretext.

Congress could update US immigration policy to address "Dreamers" but they would rather the president -- who ever it is of which ever party -- face the voter's ire.

Congress could set US energy policy with respect to nuclear waste disposal (or better, recycling) solar power, fracking, 'clean coal', ethanol fuel subsidies, wind turbines, gas pipelines, offshore drilling, and battery technologies. There are horses to be traded in the public view, on CSPAN. But Congress would rather let the executive branch and "Deep State" make the decisions, then complain about having constituents' oxens gored, later.

Congress has failed. I advocate two correctives. A) Term limits in the House -- no more than 12 years. And B) repeal the 17th Amendment. Let states decide how Senators are chosen: by popular vote, by state legislature, by governor's appointment (auction, like Blagojevech) whatever. Make Congress do its job.; 9/19/20, 8:17 PM
Gahrie said...: If Cruz is nominated, how does that affect the process? Does he get to question himself? Does he have to recuse or step down? Etc. etc.

There are examples in History of Senators being nominated to the Supreme Court while they were Senators. Some of the ones whose nominations failed continued to sit in the Senate afterward.

"John J. Crittenden, was nominated as an Associate Justice by President John Quincy Adams in Dec. 1828. His was the first nomination to last more than a couple of weeks before the Senate either confirmed or rejected. His nomination was postponed by a vote of 23-17 in February 1829, probably due to the fact that President Jackson (a political foe) was due to assume office the next month. It should also be noted that Crittenden served in the Senate both before and after his nomination, which might explain why his nomination was not rejected outright."

"George Edmund Badger, was nominated as an Associate Justice by President Fillmore in January 1853. The nomination was withdrawn in February 1853. He was serving in the Senate during the period of his nomination."; 9/19/20, 8:28 PM
n.n said...: address the issue of abortion. That they have not indicates both sides prefer having the political issue to the resolution of the political issue

Well, yes. Also, unlike one-child, selective-child has become a social issue through normalization, and must be redressed with that in mind. So, social progress, and, of course, medical progress, too. The Twilight Amendment, the establishment of the Pro-Choice quasi-religion, the conflation of Progressive Church and State, and Planned Parenthood have evolved to become a complex irritant, with diverse special, peculiar, advocacy, and 1% issues, indeed.; 9/19/20, 8:48 PM
rcocean said...: Conservatives had better stop whoppin' and hollering over any R judge in a skirt. We've been down this road before. The "Great, Fantastic, Conservative" Goresuch just gave us Civil Rights for Tran-sexuals. O'connor voted against overturning Roe v Wade. Roberts has betrayed us again and again. Souter? Lets not bring him up.

A woman ? Fine. But it'd better be a rock solid female justice who thinks like Scalia.; 9/19/20, 9:11 PM
Readering said...: Re: RC angle. Roberts, Thomas, Alito and Kavanaugh RC, as is Sotomayor. Gorsuch raised RC (same SJ HS as BK). But married C of E Brit, and they attend Episcopal parish (as did the Thomases for a while). Rest of the USSC Jews.; 9/19/20, 9:50 PM
stephen cooper said...: Mark said: "Who among us wants to see ugly evil brutality for what it is?"

Do you mean, well, besides those of us who have been through quite a lot in order to understand that there is something profoundly wrong with people who do not care about the ugly evil brutality in their midst?

God wants each of us to know that God is our friend.

Seriously, I do not understand how anyone can be so befuddled as to think abortion was ever something that it was ok for one set of guilty human beings to brutally and viciously and "legally" foist on another set of completely innocent human beings, the way it has been for so many years, mostly by arrogant men, but also by women who just don't care all that much about the victims.

If you "support a human's legal right to abort another human",please repent right now. God loves us all but God's patience is not infinite. Please trust me on that.; 9/19/20, 9:55 PM
Icepilot said...: What Mitch McConnell & President Trump need from squishy Senators like Collins, Romney, etc., is a commitment to abstain. Up to 6 Republican Senators can abstain & the count would be 47 to 47 ... until VP Pence breaks the tie.; 9/19/20, 10:41 PM
Nichevo said...: rcocean said...
Conservatives had better stop whoppin' and hollering over any R judge in a skirt. We've been down this road before. The "Great, Fantastic, Conservative" Goresuch just gave us Civil Rights for Tran-sexuals. O'connor voted against overturning Roe v Wade. Roberts has betrayed us again and again. Souter? Lets not bring him up.

A woman ? Fine. But it'd better be a rock solid female justice who thinks like Scalia.

9/19/20, 9:11 PM

Agreed, let's (and let PDT) be certain we are getting the best judge with the best views, not the best "narrative."; 9/20/20, 4:23 PM