categoryMenu_new
 
  Home
  EXTRAORDINARY AH Teaching from Spiritual Hierarchy
  AbundantHope
  NEW READERS! Read Here First
  Supporting AH
  Leadership of AbundantHope
  Announcements
  Regional AH Sites
  Other Sites with AH material
  Contact Us
  Becoming A Messiah
  OUR PUBLIC FORUM IS OPEN TOO ALL
  Mission Ideas
  System Busting
  Cleric Letter/English
  Translations of Cleric Letter
  AH Member Writings
  Candace
  Ron
  Rosie
  Jess
  Brian's Poetry
  James
  Giuseppe
  Esteban
  Telepathic Messages
  Candace
  Jess Anthony
  Vince
  Leonette
  John
  Adam
  Bela
  Joyce
  Hazel
  Kibo
  Peter
  Rosie
  Johan
  Lucia
  Lucia G
  Rubens
  Shellee-Kim
  Ben
  Dorothea
  Solon
  Others
  Targeted Messages
  Hano
  Light Flower
  Changing The Face Of Religion
  - Phoenix Journals - PDF in German
  Candace on Religion
  Other Spiritual Pieces
  Spiritual Nuggets by the Masters
  Phoenix Journals
  Phoenix Journals - PDF
  Telepathic Messages PDF books
  Selections from the Urantia Book
  Illustrations For The Urantia Book
  CMGSN Pieces
  THE WAVE
  Environment/Science
  David Crayford and the ITC
  Health and Nutrition
  Podcasts, Radio Shows, Video by AH
 
  Political Information
  True US History
  Human/Animal Rights
  The Miracle That Is Me
  Education
  Resources
  911 Material
  Books - eBooks
  government email/phone #'s
  Self Reliance
  Video
  Websites
  Alternative News Sources
  Art and Music
  Foreign Sites
  Health and Healing
  Human/Animal Rights
  Scientific
  Spiritual
  Vegan Recipes
  Translated Material
  Dutch
  Gekanaliseerde berichten Jess
  Gekanaliseerde berichten Candace
  Gekanaliseerde berichten Anderen
  Artikelen/berichten
  French
  Canal Jess
  Par Candace
  Other Channels
  Articles
  German
  Telepathische Nachrichten (Candace)
  Telepathische Nachrichten (Jess)
  Telepathische Nachrichten (div.)
  AH Mitgliederbeiträge (Candace)
  AH Mitgliederbeiträge (Jess)
  Spirituelle Schätze
  Italian
  Translations - Candace
  Translations - Jess
  Translations - Others
  Portuguese
  by Candace
  By Jess
  By Others
  Spanish
  Anfitriones Divinos
  Bitácoras Fénix
  Creadores-de-Alas (WingMakers/Lyricus)
  Escritos de Candace
  Escritos de Otros
  Monjoronsón
  Telemensajes de Candace
  Telemensajes de Jess Anthony
  Telemensajes de Otros
  Chinese
  By Candace
  By Jess
  By Others
  Korean Translations
  Hungarian Translations
  Swedish Translations

Search
[an error occurred while processing this directive]
Political Information Last Updated: Oct 17, 2020 - 6:23:11 PM


Franklin's Rule: How The Barrett Hearing Left The Democrats Holding An Empty Sack
By Jonathon Turley
Oct 17, 2020 - 6:19:38 PM

Email this article
 Printer friendly page Share/Bookmark

https://jonathanturley.org/2020/10/17/franklins-rule-how-the-barrett-hearing-left-the-democrats-holding-an-empty-sack/

 

Below is my column in the Hill on the nomination of Judge Amy Coney Barrett and the oddly disconnected questions during her confirmation hearing.  While I have written about the revealing moments of the hearingthe Democrats clearly elected not to focus on the nominee but the election. When they did attack the nominee, they fired wildly and missed completely in three areas.

Here is the column:

Benjamin Franklin once said, "it is hard for an empty sack to stand upright." It took almost 300 years, but Franklin's observation finally has been proven demonstrably true. The three-day Senate Judiciary Committee hearing for federal appellate judge and Supreme Court nominee Amy Coney Barrett can best be described as an empty-sack confirmation that simply would not stand upright.

From the outset, committee Democrats were dealing with a highly qualified nominee who has the intellect, the temperament and the background to be an exceptional justice. And that was the problem.

Democrats decided to use the hearing as a springboard for the coming election. They never intended to put anything in the sack against Barrett. Yet, to frame this effort, they advanced a number of false premises that collapsed on their own weight:

The Affordable Care Act (ACA) is about to be killed

Barrett was surrounded in the hearing room by photos of ill individuals who could perish without national health care. It made Barrett look like some judicial serial-killer.  However, these were not her victims. Indeed, the entire premise was false.

Senate Democrats were suggesting that the pending case of California v. Texas was just one vote shy of striking down the ACA. It left many of us watching in disbelief. While a district court struck down the whole act, an appellate court wanted to send it back to consider the elements of "severability." The vast majority of experts believe that the striking down of one provision - the individual mandate provision - should not result in the loss of the entire act. More importantly, a clear majority of the Supreme Court appears to believe that. Chief Justice John Roberts and Justice Brett Kavanaugh both are expected to vote to uphold the rest of the act. Indeed, a Justice Barrett could well vote with them.

What is clear is that it is extremely unlikely that the ACA is teetering on destruction. Numerically, the current head-counting means that it is as likely that a unanimous court would support severability as a five justice majority would strike down the whole act.

None of that mattered, however, as Democratic committee members spun a conspiracy theory that Barrett's nomination was all about supplying that needed fifth vote just before a Nov. 10 court hearing on the case. It was an empty sack that just laid there as Barrett explained this was a narrow question of severability and she has never ruled on the issue of severability.

Abortions are about to become illegal in America

Barrett is undeniably pro-life. She's said so over and over. She also said she does not consider Roe v. Wade to be a "super precedent." As such, the case is not inviolate and can be revisited.

However, even if Barrett were to supply the fifth vote on the court to overturn Roe - which remains unlikely - it would not make abortion illegal. Indeed, former Vice President Joe Biden himself has explained why. He said recently that if Barrett helped overturn Roe, his "only response [would be] ... [to] pass legislation making Roe the law of the land. That's what I would do."

Put aside for the moment that forcing states to accept abortion, if it is no longer a constitutional right, could be challenging under the 10th Amendment. The broader point is still valid: Such a decision would simply return the question to the states. And the majority of states likely would continue to guarantee the right to abortion as a legislative matter. In other words, Roe might end - but it would not end the right to choose, as a matter of state law.

Ironically, Barrett is a huge defender of states' rights and would likely defend pro-choice states in asserting such federalism powers.

Barrett is unethical because she will not recuse herself

One of the weakest arguments is that Barrett cannot be confirmed unless she agrees to recuse herself from the ACA case or future election controversies. The reason is that Democrats say there is an appearance that President Trump really wants her on the court to vote on such issues. However, that logic would seem to require not just the recusal of the other two Trump-nominated justices - Neil Gorsuch and Brett Kavanaugh - but a host of other justices who were confirmed a year before elections in prior administrations.

There is no reason for Barrett to recuse herself under the court's governing standards. She has no personal or financial interests in these challenges and did not work on any of the underlying litigation, including election litigation that has not occurred yet. Nonetheless, Barrett pledged to consider recusal if anyone raises the appearance of a conflict and to apply the governing standard of 28 U.S. Code § 455. That was not enough for Sen. Mazie Hirono (D-Hawaii), who responded to her pledge by saying "the fact that you wouldn't even bring forth the recusal process says to me that voters may decide there is an appearance of conflict." That was as confusing legally as it was grammatically for most of us.

We ended this hearing where we began it, with nothing from Senate Democrats relevant to the actual nomination. Instead, they gave us probing questions about Barrett's views on global warning and how she felt about putting immigrant children in cages. No serious answers were expected by the Democrats, and no answers given.

Indeed, for much of the hearing, Barrett seemed as relevant to senators as the ficus plant in the corner of the hearing room. Speeches were made. Pictures were paraded. Voters were beckoned. Even the Houston Astros were maligned. But nobody could get that empty sack to sit upright.




All writings by members of AbundantHope are copyrighted by
©2005-2020 AbundantHope - All rights reserved

Detailed explanation of AbundantHope's Copyrights are found here


Top of Page

Political Information
Latest Headlines
Infodemiology: Resistance Grows But the Public Remains Dumbed Down
US-funded Agitators in Thailand Openly Seek Aid from Western Embassies
Amazon Held Back Release of ‘Plot Against the President,’ Said Documentary Needed ‘Content Review’
Hunter Biden Sought To Avoid Registering As Foreign Agent In Chinese Business Venture, Text Message Shows
New Irish Law Banning Gatherings Threatens Prison for Priests who say Mass
Why isn’t China Intervening in the Events Occurring in Kyrgyzstan ?
Hunter Biden-linked Companies Took Millions in Bailout Loans, Taxpayer Funds
The Charter Oak
Why It’s Important for Trump to Win
The Establishment Doesn't Think Dr. Scott Atlas is An Expert. He Disagrees
No Signature Match ? No Postmark ? No Problemo ! This Week In Ballot Shenanigans !
But… Books ARE Essential ! Wales Govt Unleashes Tsunami of Anger & Ridicule with Ban of ‘non-essential’ goods in supermarkets
France Tops 1 Million Coronavirus Cases, Nearly 70 Per Cent of Population Under Curfew
BBC's Upcoming White Helmets ‘documentary’ gears up to be a character assassination of Those Who Challenge Syria War Narratives
Facts Matter: Trump’s Real Record on Race
A Must Watch !!!!!! 13 minutes for Today
A Sordid Conspiracy To Deceive The American Electorate
Europe Helps US Destroy Libya, Now Blames/Sanctions Russia
These Are The World's 100 Smallest Countries
Trump Admin Leads 32 Nations in U.N. Rebuke: No International ‘Right’ to Abortion