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Supreme Court pick Barrett draws on faith, family for Senate
Class Action News | 2020/10/11 17:34
Supreme Court  nominee Amy Coney Barrett vows to be a justice “fearless of criticism” as the split Senate charges ahead with confirmation hearings on President Donald Trump’s pick to cement a conservative court majority before Election Day.

Barrett, a federal appeals court judge, draws on faith and family in her prepared opening remarks for the hearings, which begin Monday as the country is in the grips of the coronavirus  pandemic. She says courts “should not try” to make policy, but leave those decisions to the government’s political branches. She believes she would bring “a few new perspectives” as the first mother of school-age children on the nine-member court.

Trump chose the 48-year-old judge after the death of Justice Ruth Bader Ginsburg, a liberal icon. “I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place,” Barrett says in her remarks to the Senate Judiciary Committee. The Associated Press obtained a copy of her statement on Sunday.

Barrett says she has resolved to maintain the same perspective as her mentor, the late Justice Antonin Scalia, who was “devoted to his family, resolute in his beliefs, and fearless of criticism.” Republicans who control the Senate are moving at a breakneck pace to seat Barrett before the Nov. 3 election, in time to hear a high-profile challenge to the Affordable Care Act and any election-related challenges that may follow the voting.

Another reason for moving quickly: It’s unclear whether the election results would make it harder to confirm Barrett before the end of the year if Democrat Joe Biden were to win the White House and Democrats were to gain seats in the Senate. The hearings are taking place less than a month after the death of Ginsburg gave Trump the chance to entrench a conservative majority on the court with his third justice.

Democrats have pressed in vain to delay the hearings, first because of the proximity to the election and now the virus threat. No Supreme Court has ever been confirmed so close to a presidential election. The country will get an extended look at Barrett over three days, beginning with her opening statement late Monday and hours of questioning Tuesday and Wednesday.


High court nominee served as ‘handmaid’ in religious group
U.S. Legal News | 2020/10/09 03:28
Supreme Court nominee Amy Coney Barrett served as a “handmaid,” the term then used for high-ranking female leaders in the People of Praise religious community, an old directory for the group’s members shows.

Barrett has thus far refused to discuss her membership in the Christian organization, which opposes abortion and, according to former members, holds that men are divinely ordained as the “head” of both the family and faith, while it is the duty of wives to submit to them.

Portions of two People of Praise directory pages for the South Bend, Indiana, branch were shared with The Associated Press by a former member of the community on condition of anonymity because of the sensitivity of the issue and because this person still has family members in People of Praise. A second former member, Gene Stowe, who left the South Bend branch on good terms several years ago, confirmed the authenticity of the directory pages. He said he could not say precisely what year the directory was from, but that it had to be 2013 or earlier because one of the people listed had by then moved to another state.

All the top leaders within People of Praise are male, but in each of the group’s 22 regional branches a select group of women is entrusted with mentoring and offering spiritual guidance to other female members. Until recently, these female leaders were called “handmaids,” a reference to Jesus’ mother Mary, who according to the Bible called herself “the handmaid of the Lord.” The organization recently changed the terminology to “woman leader” because it had newly negative connotations after Margaret Atwood’s dystopian novel “The Handmaid’s Tale” was turned into a popular television show.

The leaders run weekly men’s or women’s groups of about half a dozen people where they pray and talk together, and where the leaders offer advice and guidance. They will also organize to help others in the community, such as providing meals when someone gets sick. Under the organization’s rules, no female leader can provide pastoral supervision to a man, former members said.

The White House on Wednesday defended Barrett. “These allegations are offensive and driven by anti-religious bigotry. Judge Barrett is an independent jurist with an exceptional record,” spokesman Judd Deere said. People of Praise’s belief system is rooted in the Catholic Pentecostal movement, which emphasizes a personal relationship with Jesus and can include baptism in the Holy Spirit. As practiced by People of Praise, that can include praying in tongues to receive divine prophecies, heal the sick and cast out evil spirits, according to documents and former members.

Founded in 1971, the nonprofit organization has 22 branches across North America. It is not a church, but a faith community that includes people from several Christian denominations, though most of its roughly 1,800 adult members are Roman Catholic.

The existence of the directory listing Barrett’s name as a handmaid was first reported by The Washington Post late Tuesday. The AP reported last week that a 2006 issue of the group’s internal magazine, Vine & Branches, included a photograph showing that Barrett had attend a national conference reserved for top female leaders in People of Praise.


High Court Won't Take up Ex-Kentucky Clerk Kim Davis' Case
Criminal Law Updates | 2020/10/05 16:07
The Supreme Court is leaving in place a decision that allowed a lawsuit to move forward against a Kentucky clerk who was jailed in 2015 after refusing to issue marriage licenses to same-sex couples.

The high court said Monday it would not take the case involving Kim Davis, the former clerk of Rowan County, and two same-sex couples who had sued her. Soon after the 2015 Supreme Court decision in which same-sex couples won the right to marry nationwide, Davis, a Christian who has a religious objection to same-sex marriage, stopped issuing all marriage licenses.

That led to lawsuits against her, and a judge ordered Davis to issue the licenses. She spent five days in jail after refusing. Davis had argued that a legal doctrine called qualified immunity protected her from being sued for damages by couples David Ermold and David Moore as well as James Yates and Will Smith. Their case will now move forward. Davis, a Republican, ultimately lost her bid for reelection in 2018. Democrat Elwood Caudill Jr. is now the county’s clerk.

Supreme Court justice Clarence Thomas wrote for himself and Justice Samuel Alito that while he agreed with the decision not to hear the case, it was a "stark reminder of the consequences" of the court's 2015 decision in the same-sex marriage case. Because of that case, he wrote, “those with sincerely held religious beliefs concerning marriage will find it increasingly difficult to participate in society without running afoul" of the case “and its effect on other antidiscrimination laws.”



Virus spreads on panel handling Supreme Court nomination
Business Law Info | 2020/10/03 23:07
Two Republican members of the Senate Judiciary Committee have tested positive for the coronavirus, raising questions about the timing of Supreme Court confirmation hearings for Judge Amy Coney Barrett and whether additional senators may have been exposed. Senate Majority Leader Mitch McConnell declared the confirmation process was going “full steam ahead.”

North Carolina Sen. Thom Tillis and Utah Sen. Mike Lee both said Friday that they had tested positive for the virus. Both had attended a ceremony for Barrett at the White House on Sept. 25 with President Donald Trump, who announced Friday that he had tested positive and was later hospitalized at Walter Reed National Military Medical Center.

Lee, who did not wear a mask at the White House event, said he had “symptoms consistent with longtime allergies.” Tillis, who did wear a mask during the public portion of the event, said he had “mild symptoms.” Both said they would quarantine for 10 days — ending just before Barrett’s confirmation hearings begin on Oct. 12.

The positive tests come as Senate Republicans are pushing to quickly confirm Barrett in the few weeks they have before the Nov. 3 election. There is little cushion in the schedule set out by Judiciary Committee Chairman Lindsey Graham and McConnell, who want to put a third Trump nominee on the court immediately in case they lose any of their power in the election.

Democrats, many of whom have been critical of Barrett, seized on the virus announcements to call for a delay in the hearings.

“We now have two members of the Senate Judiciary Committee who have tested positive for COVID, and there may be more,” tweeted Senate Democratic leader Chuck Schumer. “I wish my colleagues well. It is irresponsible and dangerous to move forward with a hearing, and there is absolutely no good reason to do so.”

Several other members of the Judiciary panel attended the White House ceremony, including Missouri Sen. Josh Hawley, Nebraska Sen. Ben Sasse, Tennessee Sen. Marsha Blackburn and Idaho Sen. Mike Crapo. Blackburn said she tested negative after the event. Crapo said he “recently” had a negative test and a spokeswoman said he would be getting another one as soon as it could be arranged. A spokeswoman for Hawley said he was being tested Saturday, and the senator tweeted later that his coronavirus test came back negative.

Sasse tested negative, but said in a statement that he would work remotely from his home state and undergo further testing due to his “close interaction with multiple infected individuals,” his office said. He said he planned to to return to Washington in time for the confirmation hearing.



Trump taps ‘eminently qualified’ Barrett for Supreme Court
Business Law Info | 2020/09/30 17:07
President Donald Trump nominated Judge Amy Coney Barrett to the Supreme Court on Saturday, capping a dramatic reshaping of the federal judiciary that will resonate for a generation and that he hopes will provide a needed boost to his reelection effort.

Barrett, a former clerk to the late Justice Antonin Scalia, said she was “truly humbled” by the nomination and quickly aligned herself with Scalia’s conservative approach to the law, saying his “judicial philosophy is mine, too.”

Barrett, 48, was joined in the Rose Garden by her husband and seven children. If confirmed by the Senate, she would fill the seat vacated by liberal icon Ruth Bader Ginsburg. It would be the sharpest ideological swing since Clarence Thomas replaced Justice Thurgood Marshall nearly three decades ago.

She would be the sixth justice on the nine-member court to be appointed by a Republican president, and the third of Trump’s first term in office.

Trump hailed Barrett as “a woman of remarkable intellect and character,” saying he had studied her record closely before making the pick.

Republican senators are lining up for a swift confirmation of Barrett ahead of the Nov. 3 election, as they aim to lock in conservative gains in the federal judiciary before a potential transition of power. Trump, meanwhile, is hoping the nomination will galvanize his supporters as he looks to fend off Democrat Joe Biden.

For Trump, whose 2016 victory hinged in large part on reluctant support from white evangelicals on the promise of filling Scalia’s seat with a conservative, the latest nomination in some ways brings his first term full circle. Even before Ginsburg’s death, Trump was running on having confirmed in excess of 200 federal judges, fulfilling a generational aim of conservative legal activists.

Trump joked that the confirmation process ahead “should be easy” and “extremely noncontroversial,” though it is likely to be anything but. No court nominee has been considered so close to a presidential election before, with early voting already underway. He encouraged legislators to take up her nomination swiftly and asked Democrats to “refrain from personal and partisan attacks.”

In 2016, Republicans blocked Obama’s nomination of Merrick Garland to the Supreme Court to fill the election-year vacancy, saying voters should have a say in the lifetime appointment. Senate Republicans say they will move ahead this time, arguing the circumstances are different now that the White House and Senate are controlled by the same party.

Senate Majority Leader Mitch McConnell said the Senate will vote “in the weeks ahead” on Barrett’s confirmation. Barrett is expected to make her first appearance Tuesday on Capitol Hill, where she will meet with McConnell; Republican Sen. Lindsey Graham, the chair of the Judiciary Committee; and others. Hearings are set to begin Oct. 12, and Graham said he hoped to have Barrett’s nomination out of the committee by Oct. 26.

Senate Democratic leader Chuck Schumer and House Speaker Nancy Pelosi warned that a vote to confirm Barrett to the high court would be a vote to strike down the Affordable Care Act. Schumer added that the president was once again putting “Americans’ healthcare in the crosshairs” even while the coronavirus pandemic rages.

Biden took that route of criticism, as well, framing Trump’s choice as another move in Republicans’ effort to scrap the 2010 health care law passed by his former boss, President Barack Obama. The court is expected to take up a case against it this fall.

The set design at the Rose Garden, with large American flags hung between the colonnades, appeared to be modeled on the way the White House was decorated when President Bill Clinton nominated Ginsburg in 1993.

Barrett, recognizing that flags were still lowered in recognition of Ginsburg’s death, said she would be “mindful of who came before me.” Although they have different judicial philosophies, Barrett praised Ginsburg as a trailblazer for women and for her friendship with Scalia, saying, “She has won the admiration of women across the country and indeed all across the world.”

Within hours of Ginsburg’s death, Trump made clear he would nominate a woman for the seat. Barrett was the early favorite and the only one to meet with Trump.

Barrett has been a judge since 2017, when Trump nominated her to the Chicago-based 7th U.S. Circuit Court of Appeals. But as a longtime University of Notre Dame law professor, she had already established herself as a reliable conservative in the mold of Scalia, for whom she clerked in the late 1990s.


Lawyer: Case of Black inmate set to die reveals racial bias
Criminal Law Updates | 2020/09/26 15:38
The lawyer for the first Black inmate scheduled to die this year as part of the Trump administration’s resumption of federal executions says race played a central role in landing her client on death row for slaying a young white Iowa couple and burning them in the trunk of their car.

One Black juror and 11 white jurors heard the 2000 federal case in Texas against Christopher Vialva, who is now 40 but was 19 at the time of the killings. Prosecutors portrayed Vialva as the leader of a Black street-gang faction and alleged he killed the deeply religious husband and wife, Todd and Stacie Bagley, to boost his status within the gang, attorney Susan Otto said.

But Otto contends there was no evidence Vialva, scheduled to be put to death Thursday, was even a full-fledged member ? let alone a leader ? of the 212 PIRU Bloods gang in his Killeen, Texas, hometown. She said the false claim only served to conjure up menacing stereotypes to prejudice the nearly all-white jury.

“It played right into the narrative that he was a dangerous Black thug who killed these lovely white people. And they were lovely,” Otto said in a recent phone interview. She added: “Race was a very strong component of this case.”

Questions about racial bias in the criminal justice system have been front and center since protests erupted across the country following the  death of George Floyd after a white Minneapolis police officer pressed his knee on the handcuffed Black man’s neck for several minutes.


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