Barrett to Tell Senators That Making Policy Is Not Role of Court

Barrett to Tell Senators That Making Policy Is Not Role of Court

In 2006, while teaching law at the University of Notre Dame, Barrett, a devout Catholic, added her name to an advertisement opposing "abortion on demand" that appeared in a local newspaper in IN and also signed a similar statement in 2013, she disclosed on Friday.

Barrett was born in Louisiana and attended Rhodes College, a liberal arts school in Memphis, Tennessee, as an undergraduate. No Democrat has criticized Barrett's religion since her nomination was announced late last month.

In prepared remarks released Sunday ahead of her hearing before the Senate Judiciary Committee, Barrett omits her conservatism and religious views, but instead focuses on her family life while vowing to remove politics from her legal reasoning as a future Supreme Court justice. Scalia described himself as an "originalist", interpreting laws and the Constitution based on what they were understood to mean when they were written.

The questioners should refrain from asking Barrett about her Catholic religious beliefs, even though in a law review article she said that Catholic judges must stick to those beliefs on the bench. "Judges are not policymakers". The Supreme Court has had to resolve a USA presidential election only once, in 2000. She is certain to be asked repeatedly whether the cases were decided correctly, and whether they should be overturned, She's not likely to answer either question during the hearings.

In 2018, a three-judge panel ruled that IN laws requiring that funerals be held for fetal remains after an abortion or miscarriage and banning abortions because of the sex, race or developmental disability of a fetus were unconstitutional.

Democrats have focused their criticism so far on Barrett's potentially vital role in a case pending before the Supreme Court in which Trump and Republican-led states are seeking to invalidate the Affordable Care Act healthcare law, often called Obamacare.

Barrett is the most openly anti-abortion Supreme Court nominee in decades and her vote could provide a majority to restrict if not overturn abortion rights. But that lone dissent, ranging almost 40 pages, speaks volumes about her originalist mindset - the legal philosophy championed by the late Justice Antonin Scalia - and her view that gun ownership is a fundamental right. They can't overturn it legislatively so they are turning to their activist judges to do so.

As top Democrat on the Judiciary panel, the veteran Feinstein will lead questioning of Barrett, although she may cede the spotlight to fellow California Sen.

Last week it was disclosed that Barrett in 2006 signed on to an ad opposing "abortion on demand" that was part of a two-page spread in a local newspaper that was also in conjunction with the anniversary of court ruling.

Democrats have called on Barrett to recuse herself from the case, saying she would have a conflict of interest because Trump has called for the law to be struck down.

Barrett, who will appear in person, is scheduled to deliver her opening statement to the committee on Monday, with senators also making opening remarks. University of Notre Dame President Rev. John I. Jenkins, who was at the event representing Barrett's alma mater, has apologized to his campus community for not wearing a mask or social distancing during the event, and contracting the virus.

That is the approach I have strived to follow as a judge on the Seventh Circuit. That has become a tricky subject as Republicans accuse Democrats of attacking Barrett for her conservative Catholic faith, not her judicial philosophy. The bigger concern is that if the court says the mandate as it now stands is unconstitutional, it will strike down the rest of the law with it.

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