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The Dershow

Amy Coney Barrett: My in-depth analysis of Barrett's law review article.

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 29 September 2020

⏱️ 31 minutes

🧾️ Download transcript

Summary

How will senators use this Amy Coney Barrett law review article and other opinions against her in the confirmation hearings?

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Transcript

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0:17.2

Since Judge Amy Coney Barrett was nominated by President Trump, I've been spending my time reading everything she's written, most particularly a law review article that she wrote co-authored back before she was a judge called Catholic judges and capital cases in which she talks about when a Catholic

0:22.0

judge must recuse herself when her religious views

0:26.3

conflict with the legal views. How does that impact her nomination? Will she follow what President Kennedy and Governor Cuomo and

0:36.8

Justice Brennan said when they said the Constitution must be placed before

0:41.4

my religion? She seems to have rejected that. We'll

0:46.3

consider these and other issues about the upcoming confirmation process on

0:51.0

the dirt shop.

1:07.0

President Trump's nomination of Amy Koney Barrett to the Supreme Court and his statement that he'd like his justices to serve 50 years raises some profound questions. We've already talked about the question of timing, was it right for the president to make the

1:15.8

nomination on the eve of the election after the Republicans prevented the nomination of Merrick

1:22.3

Garland who was equally well qualified

1:25.1

even to come before the Senate. Okay, that's one issue. But the other issue that

1:30.0

this particular nomination raises is the proper role of religion of a person's faith

1:40.0

in evaluating their qualifications to serve on the Supreme Court.

1:44.5

A couple of issues are very clear.

1:46.2

You cannot disqualify somebody just because they're a Catholic, a Jew, a Mormon,

1:51.3

and Muslim.

1:52.1

Period.

1:53.2

End of discussion.

1:54.2

The Constitution resolved that issue two hundred and something years ago.

1:58.7

The Constitution, not even the Bill of Rights, the text, said no religious test shall ever be required to hold office of trust

2:06.0

under the United States. That clearly applies to judges, justices, or any other job.

2:13.0

A president could not say to a potential nominee,

...

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