Amy Coney Barracuda

Posted: October 25, 2020 by Nazim in Episode!

This week’s episode takes a deep dive into the Senate Confirmation Hearings of Justice Amy Coney Barrett, as Brett and Nazim discuss the point of confirmation hearings and how they view Justice Barracuda’s responses.  Law starts at (06:16).

Check out this episode!

  1. Jeff says:

    Brett and Nazim,

    Great show on ACB nomination, originalism, and nominations in general. Glad to have recently discovered your podcast.

    Brett, I think your definition of originalism was excellent. Originalism vs textualism, based on my understanding, is that originalism refers to interpretation of the constitution whereas textualism refers to interpretation of laws and statutes. Both rely on primarily on what is written, secondarily on the meaning of what was written at the time. For the constitution, we have the Federalist Papers and writings of the anti-federalists. During the ACB hearing I recall listening to someone saying that in modern times congress has added to the record by making speeches after the legislation has passed in order to re-define the meaning in one way or another, making interpretation of legislation using the public records more difficult and less reliable to understand what was actually intended at the time. I believe that textualism should rely heavily on the legislation as written. If congress or a legislative body disagree with the judicial interpretation they can pass new legislation to “correct” the court.

    It was mostly the ACA and upcoming case that the democrats in the Senate focused on to object to ACB and plainly stated that having her on the court would result in ending the ADA in November. We heard that echoed again last night from politicians and pundits. I had hoped to hear your opinions on separability / severability and the likelihood of the entire ACA being overturned. It’s kind of straightforward that a $0 tax isn’t a tax – but if there are no dollars being collected at the present time without imploding the system, there seems to be no reason to strike down the entire ACA.

    Thanks for your entertaining and thoughtful discussion – more citizens need to listen!


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