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Should “Justice Barrett” recuse herself from any election case?

Discussion in 'North American Politics' started by fantome profane, Sep 26, 2020.

  1. fantome profane

    fantome profane Keep safe, and keep your neighbours safe.
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    This question obviously involves a couple hypotheticals, but things that could reasonably happen.

    So if Judge Barrett is elevated to the Supreme Court (very likely) and if a case comes before the Court involving the election and the President who nominated her (not happened yet as I am writing this, might have already happened as you are reading this), should she recuse herself from that case?
     
  2. ecco

    ecco Veteran Member

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    Should Trump's other appointees also recuse themselves?
     
  3. fantome profane

    fantome profane Keep safe, and keep your neighbours safe.
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    I think this one is different, being elevated so close to the election, and Trump has indicated that he is filling this seat so that he can have someone vote in a potential election case.

    The potential for a quid pro quo is just too much. “I will give you this nomination if you make me President for another term”. Even just the appearance of this is troubling. A recusal would solve that issue.
     
  4. exchemist

    exchemist Well-Known Member

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    We do not know what this judge thinks of Trump, do we? I would hazard a guess that she is appalled by him.
     
  5. Daemon Sophic

    Daemon Sophic Avatar in flux

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    Not so likely. First, if she is on his list, then he has probably sought her out for being anti-abortion, ultra-conservative, and a right wing team player (i.e. willing to sell out her morals to gain power).

    The chance to vote down Roe v. Wade is likely reason enough for her to take the seat and not recuse herself.

    Of course if any of them cared to follow the Constitution, they never would have taken the case in 2000, and they will not take the case that Trump will try to bring this year. :rolleyes:
     
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  6. fantome profane

    fantome profane Keep safe, and keep your neighbours safe.
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    ...
    Why would you think that? She is a conservative judge opposed to the ACA, opposed to abortion. She was appointed to the bench by Trump. I can’t imagine she would be opposed to Trump. If she had ever said or done anything against Trump she would not be here now.
     
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  7. columbus

    columbus yawn <ignore> yawn

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    Really how hard is this to understand?

    Trump values loyalty to his interests above anything. You think he'd nominate anybody not vetted for loyalties to Trump and the TeaParty over inconsequential issues like the USA or Constitution?
    No way.

    Tom
     
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  8. exchemist

    exchemist Well-Known Member

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    Well, she is a judge. She is not some redneck from the backwoods, and she has practised the law for quite a while. Those two facts alone might lead one to expect she might not be a great fan of the man.

    Judges are not politicians, so why would you expect a judge to say things against Trump? Surely the last thing a judge should ever do is take political sides.

    Do we know she is opposed to the ACA? How has that expressed itself?
     
  9. exchemist

    exchemist Well-Known Member

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    The reason I personally find it hard to understand is because this person is a judge. Not a politician.
     
  10. lewisnotmiller

    lewisnotmiller Grand Hat
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    The US system is extremely political though...

    Why US top court is more political than UK's
     
  11. columbus

    columbus yawn <ignore> yawn

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    But she's not a SCOTUS judge until a politician gets her appointed.
    The penultimate politician, The Donald.

    He's barely pretended to have an interest in public service. He's all about wealth and power and fame and sex. He always has been.

    The most ironic part of his political "career" is the number of Christians that fall for it!
    Tom
     
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  12. lewisnotmiller

    lewisnotmiller Grand Hat
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    Your system can be a little challenging for outsiders. It's a constant surprise just how politicised the Supreme Court is, even after following US politics for many years.
     
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  13. columbus

    columbus yawn <ignore> yawn

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    Trust me when I say, it's hard for me to follow and I've lived here all my life!
    :eek:
    Tom
     
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  14. exchemist

    exchemist Well-Known Member

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    Agree with all that about Trump, obviously. But Barrett is a judge. Has she no professionalism?
     
  15. ecco

    ecco Veteran Member

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    Do you think, for a minute, that Trump and the Right care about appearances?

    If anything, it's the opposite. It bugs the Dems, therefore it must be a good thing.
     
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  16. columbus

    columbus yawn <ignore> yawn

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    I don't know.

    Would Trump pick her if she did?
    Does Merrick Garland have any professionalism?

    Tom
     
  17. ecco

    ecco Veteran Member

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    Why would you say that? She is part of the Trump adoring Conservative Right.

    Amy Coney Barrett - Wikipedia

    Barrett's scholarship focuses on originalism.

    Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017, and confirmed by the Senate on October 31, 2017.
     
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  18. fantome profane

    fantome profane Keep safe, and keep your neighbours safe.
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    Well now that is a different question ain’t it? I did not ask “will Barrett recluse?” I asked “should Barrett recluse?”. Both good questions of course. But I wanted to consider this one first.
     
  19. ecco

    ecco Veteran Member

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    By all accounts, she is not a recluse, therefore there is no reason for her to recuse herself.



    Sorry, I just couldn't resist.
     
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  20. exchemist

    exchemist Well-Known Member

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    Can't we find out, though, from the record of her judgements and how many of them have been overturned on appeal? Is there not some evidence base we can use?
     
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