Amy Coney-Barrett | Associate Justice of the Supreme Court of the United States

fishfingers15

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YESHHHHH, We'll GOOO for it.
Have you read the full judgement and the opinions she wrote while pronouncing the judgement or are you saying that stuff based on the news sources, news media or twitter?

I think when it comes to judgements from any judges of district court, federal courts and specially Supreme Courts, it is good to read into the full opinion if you have the time. Or at least into the summary of the judgement.
It doesn't matter if she wrote a full opinion empathizing with the victim if she ruled on the side of the rapist though
 

calodo2003

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Have you read the full judgement and the opinions she wrote while pronouncing the judgement or are you saying that stuff based on the news sources, news media or twitter?

I think when it comes to judgements from any judges of district court, federal courts and specially Supreme Courts, it is good to read into the full opinion if you have the time. Or at least into the summary of the judgement.
Well, pretty obviously I haven’t read into the summaries or the full judgement as haven’t 99% of the American public, but the simple rulings alone lead me to believe that she is not competent to serve on the SC. I do typically do some quick digging to see if other sources are saying the same thing, but I’m not applying the same research method that I did in college for this as I don’t have the same amount of time or resources. I also don’t read into the minutae of what the scientists & doctors are saying about covid, but when I see a credible source present a finding by the scientists or doctors & I can corroborate it somewhat, I will tend to take their word for it.
 

Skeezix

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It doesn't matter if she wrote a full opinion empathizing with the victim if she ruled on the side of the rapist though
That is why you should at least read the judgement or a tleast the story. It was an appeals case by the County against fine given by the lower court.
The Rapist's punishment (the prison guard in this case) was upheld by the Appeals Court (Judge Amy in this case).

You can make a case that the county should be punished too. In that case, you will have to go deep into cases like that. But in no way did the rapist go unpunished.
 

calodo2003

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That is why you should at least read the judgement or a tleast the story. It was an appeals case by the County against fine given by the lower court.
The Rapist's punishment (the prison guard in this case) was upheld by the Appeals Court (Judge Amy in this case).

You can make a case that the county should be punished too. In that case, you will have to go deep into cases like that. But in no way did the rapist go unpunished.
Never said that the rapist didn’t get adequately punished, I disagreed with her decision on the employer.
 

Skeezix

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It doesn't matter if she wrote a full opinion empathizing with the victim if she ruled on the side of the rapist though
This was a classic case of to what an employer is liable (to jail time or big fine) to a crime of his employee in the company premise.

But in another case, later that year or the next year. She (Judge Amy and the bench) also held Polk County (the employer again this time) liable this time the rapist guard raped several people and not just the rapist.
 

Skeezix

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Well, pretty obviously I haven’t read into the summaries or the full judgement as haven’t 99% of the American public, but the simple rulings alone lead me to believe that she is not competent to serve on the SC. I do typically do some quick digging to see if other sources are saying the same thing, but I’m not applying the same research method that I did in college for this as I don’t have the same amount of time or resources. I also don’t read into the minutae of what the scientists & doctors are saying about covid, but when I see a credible source present a finding by the scientists or doctors & I can corroborate it somewhat, I will tend to take their word for it.
Fair enough, i'm no lawyer or research scholar or an expert either and my background not related to either.

But a simple reading of the article itself (by that twitter post) is very easy and simple. And on reading it, we find that the judgement given (by ACB and co) in two rape cases whether the Counties (employers) for the crime of the prison guards (employees) inside jails were different. In one case was the employer not liable but in the other held liable.

Apologies if I have derailed the thread.
 

calodo2003

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Fair enough, i'm no lawyer or research scholar or an expert either and my background not related to either.

But a simple reading of the article itself (by that twitter post) is very easy and simple. And on reading it, we find that the judgement given (by ACB and co) in two rape cases whether the Counties (employers) for the crime of the prison guards (employees) inside jails were different. In one case was the employer not liable but in the other held liable.

Apologies if I have derailed the thread.
Don’t think you have at all derailed the thread.

Knowing a bit about the system Clarke was running there is probably swaying my thoughts on the matter, but it’s difficult for me to believe that in a heavily surveilled environment like a jail or prison, a guard could repeatedly rape an inmate & the prison authorities not know. I was not aware of the second judgement, hopefully the prison system there was penalized appropriately. I just disagree with the initial ruling that removed any punitive measures on the prison and/or Clarke (who is a loathsome cnut).

Hopefully I won’t disagree with any of ACB’s decisions as a SCOTUS justice, but I feel that I may not be too keen on her first couple of them!
 

Skeezix

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Hopefully I won’t disagree with any of ACB’s decisions as a SCOTUS justice, but I feel that I may not be too keen on her first couple of them!
I hope you won't be. But in case the decision is not to your liking, at least the logic, principles and law behind the decisions will be sound/nuanced and appreciable.

It seems there is essentially no controversies regarding her qualities or her past judgements. It is just that the political climate of the US is so polarised and politicised + election year and that permeates to every parts of the US.
(I'm not American, just very interested in everything US and my own country)

She is the smartest and most tactical (like Ginsberg) with her answers from the Senate hearings I've watched so far - of Scalia, Ginsberg, Thomas, Kagan and the epic Kavanaugh hearings.

And Good Luck for your Presidential elections.
 

calodo2003

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I hope you won't be. But in case the decision is not to your liking, at least the logic, principles and law behind the decisions will be sound/nuanced and appreciable.

It seems there is essentially no controversies regarding her qualities or her past judgements. It is just that the political climate of the US is so polarised and politicised + election year and that permeates to every parts of the US.
(I'm not American, just very interested in everything US and my own country)

She is the smartest and most tactical (like Ginsberg) with her answers from the Senate hearings I've watched so far - of Scalia, Ginsberg, Thomas, Kagan and the epic Kavanaugh hearings.

And Good Luck for your Presidential elections.
I’d quibble only over the ‘smart’ description but fully agree with the most tactical nominee. I just have a feeling that her early decisions will be a tad unpalatable.

Thanks for the well wishes on the election. They can’t get here soon enough!

Edit - Didn’t notice the ‘no controversies’ part at first, there are definitely some that cause worry.
 
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I hope you won't be. But in case the decision is not to your liking, at least the logic, principles and law behind the decisions will be sound/nuanced and appreciable.

It seems there is essentially no controversies regarding her qualities or her past judgements. It is just that the political climate of the US is so polarised and politicised + election year and that permeates to every parts of the US.
(I'm not American, just very interested in everything US and my own country)

She is the smartest and most tactical (like Ginsberg) with her answers from the Senate hearings I've watched so far - of Scalia, Ginsberg, Thomas, Kagan and the epic Kavanaugh hearings.
What? There is plenty of that.
 

Marcosdeto

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Never said that the rapist didn’t get adequately punished, I disagreed with her decision on the employer.
in argentina the court rule would have been the same
employers can't be held accountable by the crimes purposely committed by his employees
if it's an accident, yes, but if the crime is in purpose, no
as an example: you have a truck and hire a driver. If he has an accident and someone dies, then the employer has to pay, in fact there are, of course, insurances for that kind of behaviors
but if the driver uses the truck, even when he is working, to kill someone he hates, on purpose, then the employer isn't accountable for that
 

calodo2003

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in argentina the court rule would have been the same
employers can't be held accountable by the crimes purposely committed by his employees
if it's an accident, yes, but if the crime is in purpose, no
as an example: you have a truck and hire a driver. If he has an accident and someone dies, then the employer has to pay, in fact there are, of course, insurances for that kind of behaviors
but if the driver uses the truck, even when he is working, to kill someone he hates, on purpose, then the employer isn't accountable for that
Even in civil court (or whatever the similar is in ARG if there is one)? There would be no recourse against the company through a civil trial?
 

Marcosdeto

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Even in civil court (or whatever the similar is in ARG if there is one)? There would be no recourse against the company through a civil trial?
no, the argentina law states that the employers are responsible for the acts of their dependants when they are doing their job

and by "then doing their job" is doing what they are paid for

rapping or murdering are not part of their job

of course if there's gross negligence by the employer, then, yes, he will be held accountable, like the catholic church with their priests that were moved from one place to another knowing they were raping choir boys
 

calodo2003

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no, the argentina law states that the employers are responsible for the acts of their dependants when they are doing their job

and by "then doing their job" is doing what they are paid for

rapping or murdering are not part of their job

of course if there's gross negligence by the employer, then, yes, he will be held accountable, like the catholic church with their priests that were moved from one place to another knowing they were raping choir boys
Is there a civil court system in ARG?
 

calodo2003

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yes, there is
as i told you some time ago, we follow the american system in many aspects
but our laws are gathered in codes unlike you that follow the precedent system
Was not aware that the same judicial system existed to that depth.
 

calodo2003

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as i said, is a precedent, it was used by the argentinian coder and is the source of numerous rules
Louisiana, if i'm not mistaken, had the french civil code as a precedent
I believe you are correct.
 

Beachryan

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This may just be naivety, but if it were me - and if I believed as strongly in the SC as anyone who is aiming to one day serve on it should - I would tell them to wait til after the election.

She's going to be on SCOTUS - so good for her and all - but in just about every history book now written with a giant f*cking asterix next to her name, and her every opinion is going to be taken as a joke because of how she was put onto the court. It's going to entirely undermine any serious law making she wants to do.

Now maybe that's okay because she's had some chats with the big man himself via Mike Pence's personal line, but outside of that it just seems crazy to me.
 

Rado_N

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This may just be naivety, but if it were me - and if I believed as strongly in the SC as anyone who is aiming to one day serve on it should - I would tell them to wait til after the election.

She's going to be on SCOTUS - so good for her and all - but in just about every history book now written with a giant f*cking asterix next to her name, and her every opinion is going to be taken as a joke because of how she was put onto the court. It's going to entirely undermine any serious law making she wants to do.

Now maybe that's okay because she's had some chats with the big man himself via Mike Pence's personal line, but outside of that it just seems crazy to me.
The context of her nomination will be forgotten in less than a year.
 

WI_Red

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Yeah, nobody will remember.

And she isn't even the first or only conservative judge in the court, why would there be an asterix to her name?
I’m not so sure about that. If she becomes the catalyst for the expansion of the SC then this sham of a confirmation will live on for quite a while.

With her confirmation conservatives will have a 2/3’a majority in a country that is at best 50/50, but closer to 60/40 in the other direction. This leads to a court that is not in mind with the beliefs of the country.
 

Edgar Allan Pillow

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I’m not so sure about that. If she becomes the catalyst for the expansion of the SC then this sham of a confirmation will live on for quite a while.

With her confirmation conservatives will have a 2/3’a majority in a country that is at best 50/50, but closer to 60/40 in the other direction. This leads to a court that is not in mind with the beliefs of the country.
It's not like she's be doing that unilaterally. She's just part of a cog of other conservative judges. The swing vote of Roberts would make more noise than hers imo.
 

Wibble

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Yeah, nobody will remember.

And she isn't even the first or only conservative judge in the court, why would there be an asterix to her name?
Because she has only been a judge for about 5 minutes before being made a supreme court judge perhaps? It would be funny if it wasn't so tragic.