Supreme Court 2020s: on Principles & Values


Ketanji Brown Jackson: OpEd: does affirmative action apply to qualified nominees?

Because Biden specified the race and gender of the person he would nominate as a Justice, Republicans have been up in arms about an age-old question of Affirmative Action. Some argued that the president is only trying to superficially diversify the courtroom by intentionally seeking out an underrepresented member of a marginalized group.

Conservative news pundit Tucker Carlson has recently been criticized for his racist remarks about the legitimacy of Jackson's experience and expertise. Carlson demanded to see Jackson's LSAT scores, attempting to build an aura of mystery around the affair as if Biden was scrambling to hide Jackson's law school application.

There have been many unsubstantiated rumors about how Jackson got into Harvard or about how much knowledge she really possesses about the legal system. These events commonly play out when minorities enter positions of power.

Source: The Signal of TCNJ on 2022 SCOTUS Confirmation Hearings Mar 1, 2022

Ketanji Brown Jackson: I do not have a judicial philosophy per se

When answering a question during her last confirmation hearing about her judicial philosophy, Jackson said: "I do not have a judicial philosophy per se, other than to apply the same method of thorough analysis to every case, regardless of the parties." She added, "Given the very different functions of a trial court judge and a Supreme Court justice, I am not able to draw an analogy between any particular justice's judicial philosophy and the approach that I have employed."
Source: The 19th e-zine on 2022 SCOTUS Confirmation Hearings Feb 25, 2022

Amy Coney Barrett: Neutral laws may impact religious groups

Barrett's opinion, which Justice Brett Kavanaugh joined, is slightly to the left of Gorsuch's view. Though Barrett agrees with Gorsuch that "if a chorister can sing in a Hollywood studio but not in her church, California's regulations cannot be viewed as neutral," she concedes that the "record is uncertain" regarding what rules apply to film studios. Significantly, Barrett's opinion also suggests that she does not want to tear down completely the distinction between cases involving religious discrimination and cases involving universally applicable laws. "It remains unclear whether the singing ban applies across the board (and thus constitutes a neutral and generally applicable law) or else favors certain sectors (and thus triggers more searching review)," Barrett writes.
Source: Vox.com on 2021 SCOTUS "First opinion" Feb 6, 2021

Brett Kavanaugh: Neutral laws may impact religious groups

Barrett's opinion, which Justice Brett Kavanaugh joined, is slightly to the left of Gorsuch's view. Though Barrett agrees with Gorsuch that "if a chorister can sing in a Hollywood studio but not in her church, California's regulations cannot be viewed as neutral," she concedes that the "record is uncertain" regarding what rules apply to film studios. Significantly, Barrett's opinion also suggests that she does not want to tear down completely the distinction between cases involving religious discrimination and cases involving universally applicable laws. "It remains unclear whether the singing ban applies across the board (and thus constitutes a neutral and generally applicable law) or else favors certain sectors (and thus triggers more searching review)," Barrett writes.
Source: Vox.com on 2021 SCOTUS "First opinion" Feb 6, 2021

Amy Coney Barrett: Member of the conservative People of Praise faith community

Supreme Court nominee Amy Coney Barrett's affiliation with the Christian community People of Praise is drawing scrutiny because of what former members and observers describe as its ultraconservative views on women. The AP has documented extensive ties Barrett and her family have to the community, including that an old directory listed her as being one of the organization's "handmaids," now called a "woman leader." She was a trustee of the group's Trinity Schools, and as a young law student, lived in a house owned by one of its co-founders.
Source: Associated Press on 2022 SCOTUS Confirmation Hearing Oct 11, 2020

  • The above quotations are from Supreme Court decisions 2020 to date.
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2020 Presidential contenders on Principles & Values:
  Democrats running for President:
Sen.Michael Bennet (D-CO)
V.P.Joe Biden (D-DE)
Mayor Mike Bloomberg (I-NYC)
Gov.Steve Bullock (D-MT)
Mayor Pete Buttigieg (D-IN)
Sen.Cory Booker (D-NJ)
Secy.Julian Castro (D-TX)
Gov.Lincoln Chafee (L-RI)
Rep.John Delaney (D-MD)
Rep.Tulsi Gabbard (D-HI)
Sen.Amy Klobuchar (D-MN)
Gov.Deval Patrick (D-MA)
Sen.Bernie Sanders (I-VT)
CEO Tom Steyer (D-CA)
Sen.Elizabeth Warren (D-MA)
Marianne Williamson (D-CA)
CEO Andrew Yang (D-NY)

2020 Third Party Candidates:
Rep.Justin Amash (L-MI)
CEO Don Blankenship (C-WV)
Gov.Lincoln Chafee (L-RI)
Howie Hawkins (G-NY)
Gov.Gary Johnson(L-NM)
Howard Schultz(I-WA)
Gov.Jesse Ventura (I-MN)
Republicans running for President:
Sen.Ted Cruz(R-TX)
Gov.Larry Hogan (R-MD)
Gov.John Kasich(R-OH)
V.P.Mike Pence(R-IN)
Gov.Mark Sanford (R-SC)
Pres.Donald Trump(R-NY)
Rep.Joe Walsh (R-IL)
Gov.Bill Weld(R-MA & L-NY)

2020 Withdrawn Democratic Candidates:
Sen.Stacey Abrams (D-GA)
Mayor Bill de Blasio (D-NYC)
Sen.Kirsten Gillibrand (D-NY)
Sen.Mike Gravel (D-AK)
Sen.Kamala Harris (D-CA)
Gov.John Hickenlooper (D-CO)
Gov.Jay Inslee (D-WA)
Mayor Wayne Messam (D-FL)
Rep.Seth Moulton (D-MA)
Rep.Beto O`Rourke (D-TX)
Rep.Tim Ryan (D-CA)
Adm.Joe Sestak (D-PA)
Rep.Eric Swalwell (D-CA)
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Page last updated: Mar 21, 2022