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Mar 29, 2022
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justice o'connor was sworn in as the first female supreme court justice the same month that i started law school. and i have the privilege of working with both justices on issues of civic education and access to justice. both women were brilliant and funny. they were stars on the bench and international firmament. now we are presented with another moment of equal significance with the nomination of judge jackson under consideration in the senate. one more barrier has fallen and soon, young women of color will be able to see themselves in nature associate justice of the supreme court ketanji brown jackson as i once saw myself in justices o'connor and ginsberg. today, i ask my colleagues to honor these incredible women, justice o'connor and justice ginsburg, and help inspire our next generation of leaders by voting to create these statues for the capital of the united states. i reserve the balance of my time. >> the gentleman from pennsylvania reserves. the german from illinois is recognized. >> mr. speaker i arrived in support as all numbers of congress and every american who has visit
justice o'connor was sworn in as the first female supreme court justice the same month that i started law school. and i have the privilege of working with both justices on issues of civic education and access to justice. both women were brilliant and funny. they were stars on the bench and international firmament. now we are presented with another moment of equal significance with the nomination of judge jackson under consideration in the senate. one more barrier has fallen and soon, young...
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Mar 21, 2022
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i will point out, justice kennedy and justice scalia don't get a vote on the current court anymore. but he did persuade the two of them through the power of his ideas, that buckley should be overruled. we have been talking today a little bit about differences between justice scalia and justice thomas. scalia previously defended buckley and said it doesn't need to be overruled because nothing is wrong with it. justice thomas explained why it is not the case. eventually all three of them were signing off to justice thomas' opinion about how buckley should be overruled. they're not on the current court. but the power of his ideas and his consistency over time has really been, in these two areas, persuading is colleagues. there's one topic that might have some -- >> that's exactly where i was going to head. you alluded to the fact there are many wins with religion. what i thought i would do is actually to kind of orient us to the people that don't know about his views on partial incorporation of the religion clauses. which are unique. then maybe hit the highlight reel on the wins, which
i will point out, justice kennedy and justice scalia don't get a vote on the current court anymore. but he did persuade the two of them through the power of his ideas, that buckley should be overruled. we have been talking today a little bit about differences between justice scalia and justice thomas. scalia previously defended buckley and said it doesn't need to be overruled because nothing is wrong with it. justice thomas explained why it is not the case. eventually all three of them were...
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Mar 29, 2022
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justice o'connor and justice ginsburg were deeply committed to service to the american people. they are more than deserving of this recognition. i yield back. the speaker pro tempore: the gentlewoman from pennsylvania reserves. the gentleman from illinois is recognized. mr. davis: mr. speaker, one of the things i most appreciate about this bill is the balance it brings in recognizing the first two women justices of the supreme court and they have very different ideologies and views. while i may have significant disagreements with justice ginsburg and her rulings and positions on certain issue that doesn't mean her role in the history of this country is not worthy of being recognized. in the same way, justice o'connor is worthy of recognition despite the fact that i'm sure many people on the other side of the aisle take exception to her beliefs and positions on certain issues. can sell culture is a disease infecting our society today. those who seek to wipe out the accomplishments of historic figure deuce to opposing politics is wrong. i'm not going to engage in that kind of men
justice o'connor and justice ginsburg were deeply committed to service to the american people. they are more than deserving of this recognition. i yield back. the speaker pro tempore: the gentlewoman from pennsylvania reserves. the gentleman from illinois is recognized. mr. davis: mr. speaker, one of the things i most appreciate about this bill is the balance it brings in recognizing the first two women justices of the supreme court and they have very different ideologies and views. while i may...
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Mar 16, 2022
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i mentioned justice stevens appointed by a republican justice.e often did not like to be called liberal, in the end people saw him as one of the leading liberal voices, shoes offered, he cherished independent-minded he was, he didn't go around talking to the others about what their opinion was likely to be. i thought he was so decent. i asked him selected the court change around you or did you change your views on things? would say court changed around me. i think there is support for that, some support for that. also support for the idea but he changed some of his views. i think that signaled open-mindedness, he saw questions differently and affirmative action things. so i think there is that possibility. what i am worried about now is whether that is still available to us especially on the issues that the parties have cared so much about particular the republican party they have put those people who they could count on, on the judiciary, certainly the lower court, even on the supreme court so these could be views about reproductive rights, priv
i mentioned justice stevens appointed by a republican justice.e often did not like to be called liberal, in the end people saw him as one of the leading liberal voices, shoes offered, he cherished independent-minded he was, he didn't go around talking to the others about what their opinion was likely to be. i thought he was so decent. i asked him selected the court change around you or did you change your views on things? would say court changed around me. i think there is support for that,...
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Mar 15, 2022
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one, i mentioned that clerk for justice stephens was appointed by a republican justice. he often, i mean, president. he often did not like to be called liberal, even though i think at the end people saw him as one of the leading liberal voices he sort of really cherished how independent minded he was. so much so that we didn't go around talking to the other clerks about what their opinion was likely to be. and i really valued that. i thought he was so decent. and i asked him, did the court change around you or did you change your views on things? and he would say the court changed around me. and i think there is some support for that. yeah, there's some support for that and also support for the idea that he changed some of his views on things. and i think that signals an open mindedness. he saw questions differently. affirmative action he changed his views on. so, i think there is that possibility. what i am worried about now is whether that's still available to us as an option, especially on the issues that the parties have cared so much about, in particular, the republ
one, i mentioned that clerk for justice stephens was appointed by a republican justice. he often, i mean, president. he often did not like to be called liberal, even though i think at the end people saw him as one of the leading liberal voices he sort of really cherished how independent minded he was. so much so that we didn't go around talking to the other clerks about what their opinion was likely to be. and i really valued that. i thought he was so decent. and i asked him, did the court...
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Mar 15, 2022
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breyer and justice stevens. two of the names being bandied about were people who were justice breyer and justice stevens' clerks and i know it was a priority for justice stevens as well even though he also never really articulated the why. it was really clear that a lot >> yeah. and i think i would add to that, i mean, first of all add shout out to justice breyer and justice stevens, their clerks and i know it was a priority for justice stevens, as well, even though he never really articulated the why. it was really clear that a lot of the black people who had clerked on the supreme court at all had clerked for him, justice breyer or justice marshall. yeah, it's hard to improve on what farah said but i will just note also that it's tremendously hard apparently for justices to leave the court. my justice left when he retired when he was 90 and part of it is that they are productive, they're energetic and it could be a really good and interesting job and i think we should commend justice breyer for leaving and wha
breyer and justice stevens. two of the names being bandied about were people who were justice breyer and justice stevens' clerks and i know it was a priority for justice stevens as well even though he also never really articulated the why. it was really clear that a lot >> yeah. and i think i would add to that, i mean, first of all add shout out to justice breyer and justice stevens, their clerks and i know it was a priority for justice stevens, as well, even though he never really...
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Mar 14, 2022
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she talked publicly about the fact that she was able to help the justices, the male justices understand that would be a sensitive time for a woman. it matters for all of these reasons. there are multiple waiters to the significance of this, and it is important for the court to have justices that more accurately reflect the public it serves. not that any justices going to decide a case a certain way, but white men have represented every perspective, religion, political divide for most of this nation's history on the u.s. supreme court. it's time for women to have the opportunity to represent that diversity. susan: during her confirmation hearings, sonia sotomayor's diversity, the first latina to the court was an issue for some senators. [video clip] >> have you ever seen a case where the wise latina made a better decision? >> i was using a rhetorical that harkens back to justice o'connor. justice o'connor was part of a court in which she greatly respected her colleagues, and yet those wise men, i will not use the other word, and wise women, did reach different conclusions in deciding cas
she talked publicly about the fact that she was able to help the justices, the male justices understand that would be a sensitive time for a woman. it matters for all of these reasons. there are multiple waiters to the significance of this, and it is important for the court to have justices that more accurately reflect the public it serves. not that any justices going to decide a case a certain way, but white men have represented every perspective, religion, political divide for most of this...
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Mar 22, 2022
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court justice. in the current term alone, the supreme court is addressing cases on issues that are foundational to who we are as a country. let me give you three examples. the court is considering a woman's fundamental right to control her own body and make her own health care decisions. it is considering the legal authority of the environmental protection agency to fight climate change. and it is considering whether states have the power to enact common sense gun safety protections. as a former mayor, i saw how these problems affect people, everyday people, on everyday streets throughout my city and subsequently the state of california. this is not your first time at this. in fact, it is your fourth time in front of this committee. the full senate has already confirmed you on a bipartisan basis three times to serve as vice chair of the u.s. sentencing commission in 2010, as a federal district court judge 2013, and as a federal appellate court judge in 2021. and you have done us proud. each of the t
court justice. in the current term alone, the supreme court is addressing cases on issues that are foundational to who we are as a country. let me give you three examples. the court is considering a woman's fundamental right to control her own body and make her own health care decisions. it is considering the legal authority of the environmental protection agency to fight climate change. and it is considering whether states have the power to enact common sense gun safety protections. as a...
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Mar 27, 2022
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justice. judge catanji brown jackson of the us court of appeals for the district of columbia circuit his nominee will deliver an opening statement before the senate judiciary committee when the confirmation hearings begin. senator biden of course was a long time member of that committee and eight years served as chair. well here on american history tv will look once again at the remarks delivered by women nominated to the supreme court as their hearing scott underway. first up ruth bader ginsburg when president kennedy appointed justice byron white retired, she was president bill clinton's choice to replace him. the senate confirmed her by a vote of 96 to 3. on july 20th 1993. she introduced her family to the senators on the judiciary committee and she gave her opening statement. and now judge i ask you to stand with me and be sworn. judge, do you swear the testimony? you're about to give will be the whole truth and nothing but the truth to help you god. i do mr. chairman. thank you and if you
justice. judge catanji brown jackson of the us court of appeals for the district of columbia circuit his nominee will deliver an opening statement before the senate judiciary committee when the confirmation hearings begin. senator biden of course was a long time member of that committee and eight years served as chair. well here on american history tv will look once again at the remarks delivered by women nominated to the supreme court as their hearing scott underway. first up ruth bader...
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Mar 25, 2022
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we saw that with justice brett kavanaugh. we had the initial set of confirmation hearings and then it reconvened after the allegations by christine ford became public. we had another day of hearings and the vote went forward and he was eventually confirmed, largely along a partyline vote. we certainly have not had any indication that there is anything that is going to come out that might derail her confirmation. she has already been confirmed to various federal positions as a sentencing commissioner, a district court judge, and quite recently, as a court of appeals judge. so three times, including quite recently. in addition to the fact that she is highly qualified, many people thought that that was one of the reasons why she was such a front runner for the nomination all along. the biden administration is keenly aware that the democrats could lose control of the senate in the 2022 elections in november and they wanted to be sure that they could get someone confirmed. and she has been confirmed very recently and they wanted t
we saw that with justice brett kavanaugh. we had the initial set of confirmation hearings and then it reconvened after the allegations by christine ford became public. we had another day of hearings and the vote went forward and he was eventually confirmed, largely along a partyline vote. we certainly have not had any indication that there is anything that is going to come out that might derail her confirmation. she has already been confirmed to various federal positions as a sentencing...
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Mar 21, 2022
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court justice. in the current term alone, the supreme court is addressing cases on issues that are foundational to who we are as a country. let me give you three examples. the court is considering a woman's fundamental right to control her own body and make her own health care decisions. it is considering the legal authority of the environmental protection agency to fight climate change. and it is considering whether states have the power to enact common sense gun safety protections. as a former mayor, i saw how these problems affect people, everyday people, on everyday streets throughout my city and subsequently the state of california. this is not your first time at this. in fact, it is your fourth time in front of this committee. the full senate has already confirmed you on a bipartisan basis three times to serve as vice chair of the u.s. sentencing commission in 2010, as a federal district court judge 2013, and as a federal appellate court judge in 2021. and you have done us proud. each of the t
court justice. in the current term alone, the supreme court is addressing cases on issues that are foundational to who we are as a country. let me give you three examples. the court is considering a woman's fundamental right to control her own body and make her own health care decisions. it is considering the legal authority of the environmental protection agency to fight climate change. and it is considering whether states have the power to enact common sense gun safety protections. as a...
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Mar 22, 2022
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we have talked some today of the treatment of justice thomas and justice kavanaugh, justice barrett, who was questioned about her faith and whether that made her suitable for the court. i know that your faith is important to you. we have also talked about janice rogers brown and the treatment that she endured here. we are going to be pleased to focus on the issue is that the american people want to focus on, because they want to know about you and help you are going to approach your job and the decisions that that you have made in the past. i have a few areas i am going to want to delve further with you. we touched on some of these as we talked. when i talk to tennesseans, they bring up the issue of parental rights and wanting to be able to be or their children as they see fit. moms and dads are very concerned about this progressive agenda pushed into some public schools. educators are allowing biological males to steal opportunity from female athletes in the name of progressivism. just last week, and entire generations of young girls watched women those charged with protecting them
we have talked some today of the treatment of justice thomas and justice kavanaugh, justice barrett, who was questioned about her faith and whether that made her suitable for the court. i know that your faith is important to you. we have also talked about janice rogers brown and the treatment that she endured here. we are going to be pleased to focus on the issue is that the american people want to focus on, because they want to know about you and help you are going to approach your job and the...
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Mar 28, 2022
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justice alito and justice sotomayor share so much. they both went to princeton and went to yale for law school and they both worked as prosecutors. the similarities for their rise and the things they have done are just amazing for people of such dissimilar views. >> the white house chief of staff put a tweet out with a graphic representation of the backgrounds -- his intention was to support the nominee on the merit-based system but it illustrates your point by showing the backgrounds and careers of the existing justices compared with their nominees. why shouldn't the supreme court have a merit-based system? prof. barton: i am not anti-merit, it is just how you want to define merit. we used to have a much broader version of merit. on a small decision-making body of nine people, and they are already all going to be lawyers, so you have a significant worry about groupthink on that kind of decision-making body. it is critical you have diversity in terms of life experience. let me be clear. we are going to have the most diverse supreme co
justice alito and justice sotomayor share so much. they both went to princeton and went to yale for law school and they both worked as prosecutors. the similarities for their rise and the things they have done are just amazing for people of such dissimilar views. >> the white house chief of staff put a tweet out with a graphic representation of the backgrounds -- his intention was to support the nominee on the merit-based system but it illustrates your point by showing the backgrounds and...
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Mar 22, 2022
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justice ginsburg said no. she thought if he changed the number every time somebody new came into power, it would ruin the court in the eyes of the public and make it a joke overtime. i agree with that. i hope you can give us an answer to that question because i think the court would be better off if the judges stood up for the court. if the judges told politicians, don't play this game with the court because over time nobody wins. congratulations. it is going to be a couple of interesting days and we are off to a better start than we have been in the past. the one thing i can promise you, you will not be vilified, you will not be attacked for your religious views, you will not be accused of something you could not defend yourself against until it was too late. thank you. >> thank you, senator graham. senator feinstein? >> thanks very much, mr. chairman. i want to begin by congratulating you, judge jackson, on this appointment. i have reviewed the records of a number of judicial nominees during my service on th
justice ginsburg said no. she thought if he changed the number every time somebody new came into power, it would ruin the court in the eyes of the public and make it a joke overtime. i agree with that. i hope you can give us an answer to that question because i think the court would be better off if the judges stood up for the court. if the judges told politicians, don't play this game with the court because over time nobody wins. congratulations. it is going to be a couple of interesting days...
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Mar 28, 2022
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justice ginsburg joined justice scalia, justice thomas in the dissent of jones vs. the united states. lamenting to determine if the sixth amendment is violating when judges impose sentences based on judge found facts. while the sentencing guidelines suggests prison sentences between 21 and 70 months for the three defendants in the case, the trial judge imposed, if you can believe it, an overwhelming sentence of 180, 194, and 225 months based on the conduct the prosecution failed to prove. judge scalia issued more -- dissent was issued more than seven years ago. yet, nothing has been done about this unjust, undemocratic practice, and really, unconstitutional which diminishes the sanctity of the jury standard, the standard of unreasonable doubt which any layman can tell you when you ask them what is the standard for proving guilt or innocence, everyone knows the words reasonable doubt. the government's check on the power and the integrity of the criminal justice system must be maintained. h.r. 1621 would amend section 3661 to ban consideration of acquitted conduct at
justice ginsburg joined justice scalia, justice thomas in the dissent of jones vs. the united states. lamenting to determine if the sixth amendment is violating when judges impose sentences based on judge found facts. while the sentencing guidelines suggests prison sentences between 21 and 70 months for the three defendants in the case, the trial judge imposed, if you can believe it, an overwhelming sentence of 180, 194, and 225 months based on the conduct the prosecution failed to prove. judge...
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Mar 21, 2022
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we know justices ginsburg and breyer also talked about court packing so justices can talk about those. i hope we have the opportunity to learn about the nominee because this is someone who could sit on the court for 30 years so we can just kind of breeze through this and go on a complete lack of information. host: there's always the tape so you mentioned that ask about court packing in the circuit court confirmation. here is that moment with judge jackson being asked by senator john cornyn. [video clip] >> are you familiar with an organization called demand justice? >> i know of demand justice yes. >> do you know they are spending money to promote candidates -- your nomination to the circuit court? >> if you mean by advertising or placements in various publications, i am aware of that. >> and on their website they say they advocate adding additional seats to the supreme court. do you think congress should add additional seats to the supreme court? >> senator, as a sitting judge, i am bound by the supreme court and i don't think it's appropriate for me to comment on the structure or th
we know justices ginsburg and breyer also talked about court packing so justices can talk about those. i hope we have the opportunity to learn about the nominee because this is someone who could sit on the court for 30 years so we can just kind of breeze through this and go on a complete lack of information. host: there's always the tape so you mentioned that ask about court packing in the circuit court confirmation. here is that moment with judge jackson being asked by senator john cornyn....
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Mar 30, 2022
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but supreme court justices are exempt. no, they are not.ally says that no justice shall participate in a matter where he have reason to know that his spouse, or her spouse has an interest. and the interest here was very direct. now it is true that there is no clear enforcement mechanism. but that does not change the fact that would clare's thomas did was illegal, and if he continues to participate in matters that arise from the attempts to get information to the january 6th committee, or anything related to the 2020 election, he is going to be violating the law again. i would assume, because this hurts the whole supreme court, not just him, it is not just a -- on his reputation, that the other justices are going to whisper, and the chest -- ,,. mr. chief justice, there are things you have to do about this. if he does not from now on workers in all of the matters that arise out of the attempted coup of the insurrection, that he will be assigned the most boring of all of the -- chief justices have sometimes done that for petty reasons. this w
but supreme court justices are exempt. no, they are not.ally says that no justice shall participate in a matter where he have reason to know that his spouse, or her spouse has an interest. and the interest here was very direct. now it is true that there is no clear enforcement mechanism. but that does not change the fact that would clare's thomas did was illegal, and if he continues to participate in matters that arise from the attempts to get information to the january 6th committee, or...
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Mar 24, 2022
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scalia, justice thomas, and justices barrett, justice kavanaugh, and justice gorsuch. her body of work suggests she may have a different view than a traditionally applied originalism in the recent decision involving a conflict in the congress and executive branch. the determination that was later reversed by the d.c. circuit judge that cause of action outside the judicial role. despite weighing constitutional principles, the role of senate, interpretive philosophy, and consideration of nominees the interpretation of law consistent with original textualism is important to maintain limits on governmental power and preserve liberty. thank you for the opportunity. sen. durbin:sen. durbin: wade henderson, president and ceo of the leadership conference on civil and human rights. mr. henderson: i am the president and ceo of the leadership conference on civil and human rights, a national coalition of more than 230 organizations dedicated to building and america as good as its ideals. thank you for inviting me to share our coalition's strong support for the confirmation of judg
scalia, justice thomas, and justices barrett, justice kavanaugh, and justice gorsuch. her body of work suggests she may have a different view than a traditionally applied originalism in the recent decision involving a conflict in the congress and executive branch. the determination that was later reversed by the d.c. circuit judge that cause of action outside the judicial role. despite weighing constitutional principles, the role of senate, interpretive philosophy, and consideration of nominees...
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Mar 21, 2022
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we have talked some today of the treatment of justice thomas and justice kavanaugh, justice barrett, who was questioned about her faith and whether that made her suitable for the court. i know that your faith is important to you. we have also talked about janice rogers brown and the treatment that she endured here. we are going to be pleased to focus on the issue is that the american people want to focus on, because they want to know about you and help you are going to approach your job and the decisions that that you have made in the past. i have a few areas i am going to want to delve further with you. we touched on some of these as we talked. when i talk to tennesseans, they bring up the issue of parental rights and wanting to be able to be or their children as they see fit. moms and dads are very concerned about this progressive agenda pushed into some public schools. educators are allowing biological males to steal opportunity from female athletes in the name of progressivism. just last week, and entire generations of young girls watched women those charged with protecting them
we have talked some today of the treatment of justice thomas and justice kavanaugh, justice barrett, who was questioned about her faith and whether that made her suitable for the court. i know that your faith is important to you. we have also talked about janice rogers brown and the treatment that she endured here. we are going to be pleased to focus on the issue is that the american people want to focus on, because they want to know about you and help you are going to approach your job and the...
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Mar 25, 2022
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justice kavanaugh had written more than 300. justice barrett outpaced them both. she wrote almost 100 appellate opinions in just three years, plus years of scholarship as a star professor that senators could actually examine. judge jackson has been on the d.c. circuit for less than a year. she's published only two opinions. beforehand, judge jackson served as a trial judge on the district court. she testified on tuesday that that role did not provide many opportunities to think about constitutional interpretation. yet when senators tried to dig in on judicial philosophy, the judge deflected and pointed back to the same record she acknowledged would not shed much light. one senator simply asked the judge to summarize, summarize well-known dimpses -- differences between the approaches of some current judges. the nominee replied that two-weeks notice had not been enough to prepare an answer. president biden said he would only nominate a judicial activist. unfortunately, we saw no reason to suspect that he accidentally did the opposite. third, and relatedly, we're in
justice kavanaugh had written more than 300. justice barrett outpaced them both. she wrote almost 100 appellate opinions in just three years, plus years of scholarship as a star professor that senators could actually examine. judge jackson has been on the d.c. circuit for less than a year. she's published only two opinions. beforehand, judge jackson served as a trial judge on the district court. she testified on tuesday that that role did not provide many opportunities to think about...
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Mar 22, 2022
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in this respect, we recognize that light justice and justices -- blind justices and justice, are willing to recognize if there is a policy flaw in the law and need to be changed, it is not the rule of the court to change it. it belongs to two different branches of government. this requires judicial restraint and judicial ability. and it gets back to what i was describing when i refer to justice barrett, drawing on the analogy from the odyssey, of odysseus biting himself to the mast of the ship. most of this refer to this judicial philosophy as contextualism. it is neither republican or democratic. it is the approach that says what the law says matters in the jaw of the jurors -- job of the jurors is to figure out what the text means. to ascertain what the original meaning of the text in question. while i doubt there are any members of the committee cool disagree of the idea that justice should be blind and policy changes should be made by -- primarily by the executive branch and not by the courts, we heard statements that were at odds with the concept of justice. -- that concept of justi
in this respect, we recognize that light justice and justices -- blind justices and justice, are willing to recognize if there is a policy flaw in the law and need to be changed, it is not the rule of the court to change it. it belongs to two different branches of government. this requires judicial restraint and judicial ability. and it gets back to what i was describing when i refer to justice barrett, drawing on the analogy from the odyssey, of odysseus biting himself to the mast of the ship....
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Mar 25, 2022
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i thought chief justice roberts should immediately ask each justice to abide by the coat of ethics that all over judges in the country. the last point, and i think a very important point is this. this is the most. >> we're getting i'm i'm only jumping in to say, we're getting a bit of interference if you want to move the mic or whatnot, and keep it going. >> even though in our history. only one supreme court justice has been impeached. that was in 1804. i still think it would be good for someone to introduce articles of impeachment, to lay out this abuse of power for everyone to see. >> would you. two things here. on a lighter note, people can see how focused you are, because you know the dates from the 19th century of history, even as we have our technical difficulties. you're better at this than me. the second point is more serious. i know you care about this institution a lot. i know you have approved a lot of judges from the opposing party. this is not about partisanship. you were in the senate a long time. you're saying, though, that your read here is, this is a potentially impeach
i thought chief justice roberts should immediately ask each justice to abide by the coat of ethics that all over judges in the country. the last point, and i think a very important point is this. this is the most. >> we're getting i'm i'm only jumping in to say, we're getting a bit of interference if you want to move the mic or whatnot, and keep it going. >> even though in our history. only one supreme court justice has been impeached. that was in 1804. i still think it would be...
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Mar 26, 2022
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at the very least, i think the chief justice should ask justice thomas to explain himself.he doesn't, and he does agree to hear one of these cases, i think it is appropriate for congress to open an investigation into this question. >> i want to get your reaction to this guardian headline from september. clarence thomas insists supreme court justices do not rule based on politics. now, to some degree i guess we'd all like to believe that's true. how did this conflict with the idea? does this help him, that he says politics are not part of his decision-making? >> it's a useful myth for justices on the supreme court. and you hear it from, you know, we heard in the confirmation hearing with judge jackson. i'm only going to decide the cases on the facts of the law. the law is very malleable. there are different -- of interpretation. there are different ways of understanding ambiguities, and vagueness in the constitution, and federal statutes. and so -- value judgments come in. i don't think any of the justices on the supreme court, are partisan hats. would i do think they are, a
at the very least, i think the chief justice should ask justice thomas to explain himself.he doesn't, and he does agree to hear one of these cases, i think it is appropriate for congress to open an investigation into this question. >> i want to get your reaction to this guardian headline from september. clarence thomas insists supreme court justices do not rule based on politics. now, to some degree i guess we'd all like to believe that's true. how did this conflict with the idea? does...
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Mar 23, 2022
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i do agree with both justice kavanaugh and justice barrett on this issue. roe and casey are the settled law of the supreme court concerning the right to terminate a woman's pregnancy. they have established a framework, and the court has reaffirmed, and in order to revisit, as justice barrett said, the supreme court looks at various factors because stare decisis is a very important principle. it provides and establishes critic the ability, stability -- predictability, stability, and as a restraint in this way on the exercise of judicial authority because the court looks at whether or not precedents are relied upon, workable, and in addition to whether or not they are wrong, and other factors as well. i agree with both of those statements that you read. sen. feinstein: let me add one to that, then we will move on. i'm particularly interested in the case of roe v. wade. roe was decided nearly 50 years ago, and it has been reaffirmed over a dozen times since then. my question is this, does roe v. wade have the status of being a case that is a super precedent, a
i do agree with both justice kavanaugh and justice barrett on this issue. roe and casey are the settled law of the supreme court concerning the right to terminate a woman's pregnancy. they have established a framework, and the court has reaffirmed, and in order to revisit, as justice barrett said, the supreme court looks at various factors because stare decisis is a very important principle. it provides and establishes critic the ability, stability -- predictability, stability, and as a...
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Mar 22, 2022
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i do agree with both justice kavanaugh and justice barrett on this issue. roe and casey are the settled law of the supreme court concerning the right to terminate a woman's pregnancy. they have established a framework that the court has reaffirmed and in order to revisit, as justice barrett said, the supreme court looks at various factors because stare decisis is a very important principle. it provides and establishes predictability, stability and reserves as a restraint in the exercise of judicial authority because the court looks at whether or not precedents are relied upon, whether they are workable, in addition to whether or not they are wrong. and other factors as well. so i agree with both of the statements that you've read. >> let me add one to that and then we'll move on. i'm particularly interested in the case of roe v. wade. roe was decided by nearly 50 years ago and reaffirmed over a dozen times since then. so my question is this. does roe v. wade have the status of being a case that is a super precedent? and what other supreme court cases do you
i do agree with both justice kavanaugh and justice barrett on this issue. roe and casey are the settled law of the supreme court concerning the right to terminate a woman's pregnancy. they have established a framework that the court has reaffirmed and in order to revisit, as justice barrett said, the supreme court looks at various factors because stare decisis is a very important principle. it provides and establishes predictability, stability and reserves as a restraint in the exercise of...
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Mar 22, 2022
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what justice scalia and justice breyer i believe were debating was the justice scalia's notion of originalism meaning that the words of the constitution should be interpreted as they were written by the founders in the founding era. they should not be considered to essentially establish principles that modern justices could apply based on their own view of the needs of society. justice breyer's position was more toward that latter view, that the idea of the constitution needing to be interpreted in a way that is consistent with modern sense abilities about the principals that the document reflects. i would just say that it appears now that the supreme court has taken justice scalia's view, that the prevailing interpretive frame for interpreting the constitution is now very clearly looking back through history. so we see that even in the heller case where the justices, even the justices in dissent, were all analyzing the issues in the second amendment through a historical lens. what was meant at the time of the founding that is now in which constitutional founding the done. >> do you identify
what justice scalia and justice breyer i believe were debating was the justice scalia's notion of originalism meaning that the words of the constitution should be interpreted as they were written by the founders in the founding era. they should not be considered to essentially establish principles that modern justices could apply based on their own view of the needs of society. justice breyer's position was more toward that latter view, that the idea of the constitution needing to be...
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Mar 30, 2022
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look at justice ginsburg. he knew she was a pro-abortion activist for years, and no one ever reads sort of suggestion that she should recuse yourself on abortion cases. >> she even criticized president trump, as i recall. nancy pelosi knows how recusal is kind of work, even if she wants to use them. she told how democrats today -- it is up to an individual justice to decide to do dominic recuse himself if a wife is participating in a coup, mollie. this isn't so petty. >> mollie: it's unbelievable and ridiculous. it's worth noting that the aclu, that judge reinhardt and the ninth circuit in california, his wife was serving as executive director of the aclu while he was deciding cases that involve the aclu. justice ginsburg had tons of conflicts of interest. there's also a dangerous rhetoric that you are not allowed to have any problems in 2020 elections. that is un-american to say that. it's legitimate to have issues with 2020 election, whether it's about media correction, big tech censorship, or the changes to
look at justice ginsburg. he knew she was a pro-abortion activist for years, and no one ever reads sort of suggestion that she should recuse yourself on abortion cases. >> she even criticized president trump, as i recall. nancy pelosi knows how recusal is kind of work, even if she wants to use them. she told how democrats today -- it is up to an individual justice to decide to do dominic recuse himself if a wife is participating in a coup, mollie. this isn't so petty. >> mollie:...
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Mar 18, 2022
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over the course of its history, 115 justices have served on the supreme court. if she's confirmed, judge jackson will be the 116th. but she would be the first supreme court justice who is the daughter of parents who felt the crushing oppression of segregation and the first justice who has represented the indigent as a public defender. judge jackson also comes from a law enforcement family, has a deep appreciate for the risk of police officers like her brother and uncles, and i believe one served on the baltimore police department. indeed, with judge jackson's confirmation, the supreme court would come closer to fully reflecting the diversity of america. when justice breyer announced his retirement, i promised that the process for confirming his predecessor would be fair and timely. well, it has been. for instance, the committee sent a bipartisan committee questionnaire to judge jackson. in response, she provided materials that shed considerable light on her record, her accomplishments, her write beings, her legal reasoning. notably, this included more than 12,00
over the course of its history, 115 justices have served on the supreme court. if she's confirmed, judge jackson will be the 116th. but she would be the first supreme court justice who is the daughter of parents who felt the crushing oppression of segregation and the first justice who has represented the indigent as a public defender. judge jackson also comes from a law enforcement family, has a deep appreciate for the risk of police officers like her brother and uncles, and i believe one...
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Mar 21, 2022
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same qualities as justices. your independent minded and your record with integrity from the championship debate team, senior high school to harvard and harvard to three judicial clerkships. your work as a defender, a lawyer in private practice, a member, a federal district judge and circuit court judge. in your career, you've been a champion for the rule of law. even at the risk of public criticism. state sentencing commission, a bipartisan group which reflects the american thinking on law enforcement, you set out to truly represent the congressional intent when it came to criminal sentencing and you did it by finding common ground, during your tenure on that commission. the commission's votes with analysis. for example, the commission implementing act, the law i'm negotiated within sessions that reduce the infamous 100-1 sentencing disparity and you joined every one of your colleagues to make the change to the sentencing guidelines retroactive. you gave a powerful speech and you said there's no excuse for insis
same qualities as justices. your independent minded and your record with integrity from the championship debate team, senior high school to harvard and harvard to three judicial clerkships. your work as a defender, a lawyer in private practice, a member, a federal district judge and circuit court judge. in your career, you've been a champion for the rule of law. even at the risk of public criticism. state sentencing commission, a bipartisan group which reflects the american thinking on law...
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Mar 31, 2022
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that that justice should be allowed to resign over that case?. i just think it's a sign of not being stupid, but just proving this thing, he's so desperate to protect thomas, he'll say things that are beneath his intellect. >> mcconnell obviously doesn't believe any of those things that he said. let's watch the issue. the issue of recusal, as it came up, and as it was answered, by ketanji brown-jackson. let's listen to this. >> you are on the board of overseers of harvard, if you're converge, you intend to recuse from this lawsuit? >> that is my plan, senator. >> professor glaude, there seems to be a bit of a difference here. >> right, -- it's not just simply ginni thomas. there's a sense in which there is this one federals for one group of people, for one group of -- and there's another set of folks. some people are okay with being hypocrites, and other people are trying to get some sort of moral consistency. >> bob woodward said something in the other segment, american's an idea, but america's more than an idea. america is an argument. america
that that justice should be allowed to resign over that case?. i just think it's a sign of not being stupid, but just proving this thing, he's so desperate to protect thomas, he'll say things that are beneath his intellect. >> mcconnell obviously doesn't believe any of those things that he said. let's watch the issue. the issue of recusal, as it came up, and as it was answered, by ketanji brown-jackson. let's listen to this. >> you are on the board of overseers of harvard, if you're...
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Mar 1, 2022
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and of course she will make a phenomenal justice. she's brilliant.l everyone here she has been confirmed on a bipartisan basis three times and deserves a swift confirmation. [applause] and judge jackson will be the first and as doctor joe biden -- doctor joe biden mentioned she is the first but will not be the last. [applause] so there is a lot to celebrate. there is a lot to look forward to and a lot to work towards and in remembering our history, we remember those great american heroes who continue to inspire us and remind us through our memory of them and their contribution and sacrifice what our role and responsibility is at this moment in history and speaking of that when everyone walked into the white house today i'm sure you may have seen an exhibit celebrating great black americans. there's a campaign poster, books by toni morrison and a display. i talked last week about her life and work and commitment to helping young people find their own path to the stars. in the exhibit there is also ella fitzgerald and a jacob lawrence painting that han
and of course she will make a phenomenal justice. she's brilliant.l everyone here she has been confirmed on a bipartisan basis three times and deserves a swift confirmation. [applause] and judge jackson will be the first and as doctor joe biden -- doctor joe biden mentioned she is the first but will not be the last. [applause] so there is a lot to celebrate. there is a lot to look forward to and a lot to work towards and in remembering our history, we remember those great american heroes who...
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Mar 25, 2022
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anton's glia was originalist and supreme court justice kavanaugh is a contextual list. there have been many other schools of thought. the bottom line is that she has said, i have published 573 opinions. here is my body of work. take a look at it. almost every topic under the sun. so if you want to know how she thinks, she can reference however she wishes, but her words already speak for herself and she has provided 12,000 pages from her time on the sentencing commission that also reflect her views on important topics. there is also the old salt, we know it was coming. the republicans have the messaging from the elections in november, and one of them is that democrats are soft on crime. they said that about judge jackson. but judge jackson has been endorsed by the fraternal order of police, the international association of chiefs of police, and the black collective law enforcement officials across the united states. she has a history in her family of others and -- brothers and uncles who have been in law enforcement raising -- risking their lives for the community. one o
anton's glia was originalist and supreme court justice kavanaugh is a contextual list. there have been many other schools of thought. the bottom line is that she has said, i have published 573 opinions. here is my body of work. take a look at it. almost every topic under the sun. so if you want to know how she thinks, she can reference however she wishes, but her words already speak for herself and she has provided 12,000 pages from her time on the sentencing commission that also reflect her...
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Mar 22, 2022
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when you refer to social justice and the school's mission on social justice, what did you mean by thatnk you senator for allowing me to address this issue. georgetown day school has a special history that i think is important to understand when you consider my service on that board. the school was founded in 1945 in washington, d.c. at a time in which, by law, there was racial segregation in this community. black students were not allowed in the public schools to go to school with white students. georgetown day school is a private school that was created when three white families, jewish families got together with three black families and said that despite the fact that the law requires us to separate, despite the fact that the law is set up to make sure that black children are not treated the same as every one else, we are going to form a private school so that our children can go to school together. the idea of equality, justice is at the core of the georgetown day school mission and it's a private school such that every parent who joins the community does so willingly with an unders
when you refer to social justice and the school's mission on social justice, what did you mean by thatnk you senator for allowing me to address this issue. georgetown day school has a special history that i think is important to understand when you consider my service on that board. the school was founded in 1945 in washington, d.c. at a time in which, by law, there was racial segregation in this community. black students were not allowed in the public schools to go to school with white...