Sotomayor is a stellar example of affirmative action in action. Granted, she is
a wise Latina, although that doesn't say much about the wisdom of Latinas. She
will be a weak sister ideologue until the day she dies. A much more
interesting question is whether Elena Kagan, a legitimate intellect, will feel
free, once Amy joins the Court, to be honest, which I assume (or at least hope)
she was at some point in her life before becoming a judge.
-----Original Message-----
From: Robert Dieter <robert.dieter@xxxxxxxxxxxx>
To: pa64@xxxxxxxxxxxxx <pa64@xxxxxxxxxxxxx>
Cc: ANDOVER LIST LIST <pa64@xxxxxxxxxxxxxxx>
Sent: Wed, Oct 14, 2020 1:40 pm
Subject: [pa64] Re: Befuddled Dems
#yiv1091937478 P {margin-top:0;margin-bottom:0;}Barrett is incredible. She may
very well decide that the ACA Obamacare mandate provision is severable. (I
believe her criticism of Robert's legal reasoning interpreting the mandate as a
"tax" is spot on) If so, I have confidence that she will have conducted her
due diligence with intellectual honesty and voted accordingly. Whereas I have
no such confidence in Justice Sotomayor, for example, nor with any nominee
Democrats will support.
Barrett deserves to be confirmed by an overwhelming majority vote. After
watching her perform under sometimes personally hostile and challenging
pressure, can anyone honestly say she is intellectually or temperamentally
unqualified? I expect absent Manchin and maybe one or two others, the Dems
will vote in lock step against her, thereby confirming that they view Supreme
Court nominations entirely through a narrow partisan lens framed by their
desired judicial outcomes on abortion, gun rights, etc.
"The Affordable Care Act does not include a severability clause. The Supreme
Court has said it will decide if the amended mandate provision is
constitutional, and if it isn’t, whether the provision is severable from the
act.In the ACA case, the U.S. House, which intervened to defend the law along
with California and a coalition of Democratic led states, argues that when
Congress stripped the mandate to buy insurance (Section 5000A of any force, it
deliberately left the remainder of the act “intact and fully operative.”By
leaving the remainder of the act intact, the House contends, “that is
dispositive evidence of Congress’s intent to retain the rest of the Act even if
Section 5000A were held to be without legal effect as well. And even if
Congress’s intent were not so clear, the outcome of the severability analysis
would be the same because the rest of the ACA can—and does—function without
Section 5000A in a manner consistent with Congress’s intent.”
From: pa64-bounce@xxxxxxxxxxxxx <pa64-bounce@xxxxxxxxxxxxx> on behalf of Eric
Chase <EChase@xxxxxxxxxxxx>
Sent: Wednesday, October 14, 2020 11:29 AM
To: pa64@xxxxxxxxxxxxx <pa64@xxxxxxxxxxxxx>
Cc: ANDOVER LIST LIST <pa64@xxxxxxxxxxxxxxx>
Subject: [pa64] Befuddled Dems
Amy is killing it. So far, Durbin gets the Dope of the Day prize. He
focused on her dissent in which she opined that the 2d Amendment rights of a
non-violent felon were being abridged. In her 39 page opinion, she made a
constitutional distinction between the 2d Amendment and the right to vote. It
was a clause within a single sentence. I thought the quoted language was clear
and uncontroversial. But Durbin accused her of elevating gun rights over
voting rights.
Like a teacher carefully correcting a student, she said she did no such thing.
She simply observed that the 14th Amendment expressly allows for criminals
losing the right to vote, whereas the 2d Amendment has no such stricture. Even
then, Dopey Durbin ended that exchange with the suggestion that Amy was being
dishonest.
This is the best entertainment in a long time.
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