Author Archives: Everette Hatcher III

My name is Everette Hatcher III. I am a businessman in Little Rock and have been living in Bryant since 1993. My wife Jill and I have four kids (Rett 24, Hunter 22, Murphey 16, and Wilson 14).

Senate Democrats Want to Wait until November 4 to Reveal Their Court-Packing Plan

Senate Democrats Want to Wait until November 4 to Reveal Their Court-Packing Plan

By JOHN MCCORMACK

September 29, 2020 5:22 PM

Democrats control Congress and the White House in 2021, will they pack the Supreme Court with additional progressive justices?

Following the death of Justice Ruth Bader Ginsburg and the efforts of the Senate GOP majority to fill the vacancy, it may be the most important question facing Democrats in 2020. But it’s a question only a few Senate Democrats are willing to answer.

Massachusetts senator Ed Markey tweeted on September 21: “This Republican hypocrisy is shameful but not surprising. If they violate their own precedent, we must expand the Supreme Court.” West Virginia senator Joe Manchin, the most conservative Democrat in the Senate, told CNN on Sunday that he “can’t support” court-packing.

MORE IN SUPREME COURT

But most Democratic senators have made it clear they don’t want to reveal their intentions on court-packing until after the election. “What we need to do before we talk about what happens in the next session of Congress is for Democrats to win the presidency and a majority in the Senate,” Connecticut senator Richard Blumenthal told National Review in the Capitol last week when asked about court-packing.

Before voters go to the polls, should they get to know whether court-packing is likely or even on the table? “There are so many reasons to vote for Democrats now — that we need to focus on the pandemic,” replied Blumenthal, a member of the Senate Judiciary Committee. “You know, we just passed 200,000 deaths. The president’s failure to deal with the pandemic and the public-health and economic crises and his cruel and reckless indifference [are] costing lives.”

“I think we’ve got to wait to get through the election,” Pennsylvania Democratic senator Bob Casey said when asked about court-packing. “The key thing right now is people have to understand what’s at stake, especially on ACA and preexisting conditions.”

“No thoughts at the moment,” New Mexico Democratic senator Martin Heinrich replied when asked about adding justices to the Court. “We have a job to do before we have that conversation.” 

 Disdain Is a Small Price

Related posts:

Liberal writes “Amy Coney Barrett Deserves to Be on the Supreme Court”

September 26, 2020 – 10:31 am

— —- Amy Coney Barrett Deserves to Be on the Supreme Court I disagree with Trump’s judicial nominee on almost everything. But I still think she’s brilliant.By Noah FeldmanSeptember 26, 2020, 8:00 AM EDT Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

​Amy Coney Barrett At Hillsdale College!!!

September 21, 2020 – 8:10 pm

— ​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Profile of Amy Coney Barrett who President Trump nominated for Supreme Court!

September 26, 2020 – 4:50 pm

— — Amy Howe Independent Contractor and Reporter Posted Mon, September 21st, 2020 5:00 pmEmail AmyBio & Post Archive » Profile of a potential nominee: Amy Coney Barrett President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court but Fox News reports she is facing criticism from Dems over her religion!

September 26, 2020 – 4:49 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A closer look at Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:48 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett of RHODES COLLEGE in Memphis for Supreme Court!

September 26, 2020 – 4:43 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A Conversation with Judge Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:38 pm

— — — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Hesburgh Lecture 2016: Professor Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:35 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (RHODES COLLEGE GRAD) for Supreme Court!

September 26, 2020 – 4:32 pm

— —- I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and she Opened Up about Adoption, Pregnancy in 2019 D.C. Talk

September 26, 2020 – 4:30 pm

— — —- Amy Coney Barrett Opened Up about Adoption, Pregnancy in 2019 D.C. Talk By TOBIAS HOONHOUTSeptember 22, 2020 2:41 PM While she hasn’t explicitly challenged the precedent established by Roe v. Wade in her capacity as a judge, Amy Coney Barrett — pegged by some as the odds-on favorite to be President Trump’s Supreme Court nominee […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and Democrats should resist the urge to target her for her faith!!!

September 26, 2020 – 4:25 pm

— —-   OPINION   DECLARATIONS The Truth About People of Praise If the nominee is Amy Coney Barrett, Democrats should resist the urge to target her for her faith. By Peggy NoonanSept. 24, 2020 7:28 pm ET I strongly felt in the winter of 2016 that it was right and wise to hold off on […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (Who graduated from RHODES COLLEGE of MEMPHIS) for Supreme Court!

September 26, 2020 – 4:05 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part P “Freedom of speech lives on Ark Times Blog” (includes the video ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 25, 2013 – 6:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part O “Without God in the picture there can not be lasting meaning to our lives” (includes film ABORTION OF THE HUMAN RACE)

April 23, 2013 – 7:04 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part K “On what basis do you say murder is wrong?”Part 1 (includes film ABORTION OF THE HUMAN RACE)

April 16, 2013 – 5:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part J “Can atheists find lasting meaning to their lives?” (includes film ABORTION OF THE HUMAN RACE)

April 15, 2013 – 7:48 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part H “Are humans special?” includes film ABORTION OF THE HUMAN RACE) Reagan: ” To diminish the value of one category of human life is to diminish us all”

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I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part G “How do moral nonabsolutists come up with what is right?” includes the film “ABORTION OF THE HUMAN RACE”)

April 9, 2013 – 6:36 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (3)

Taking on Ark Times Bloggers on various issues Part E “Moral absolutes and abortion” Francis Schaeffer Quotes part 5(includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)

April 7, 2013 – 6:25 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (2)

“Sanctity of Life Saturday” Abortion supporters lying in order to further their clause? Window to the Womb (includes video ABORTION OF THE HUMAN RACE)

April 6, 2013 – 12:01 am

It is truly sad to me that liberals will lie in order to attack good Christian people like state senator Jason Rapert of Conway, Arkansas because he headed a group of pro-life senators that got a pro-life bill through the Arkansas State Senate the last week of January in 2013. I have gone back and […]By Everette Hatcher III | Posted in Arkansas TimesFrancis SchaefferMax BrantleyProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part D “If you can’t afford a child can you abort?”Francis Schaeffer Quotes part 4 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 5, 2013 – 6:30 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

—-By Everette Hatcher III, on September 30, 2020 at 11:42 am, under Uncategorized. No CommentsPost a comment or leave a trackback: Trackback URL.

Actually, The Debate Was About Issues By STANLEY KURTZ

Actually, The Debate Was About Issues By STANLEY KURTZ

By STANLEY KURTZ

September 30, 2020 8:17 AM

I know. A lot of folks are saying the debate was an ugly, insult-filled shouting match that barely got down to cases. Actually, I thought it was a highly entertaining exchange that helpfully spotlighted the candidates’ differences on issues. An ugly, angry exchange? Well, at least it looked like America. If you took all the people who bite their tongues instead of saying what they really think of folks on the other side, put them in a room together and let them loose, this is what we would sound like. Pretty? No. Honest. Yes. The debate’s decorum was a snapshot of where we are as a country. I think that’s less because of the president’s personality than because we don’t agree with each other about some pretty fundamental things—and because much of what we disagree about is the motivation of the other side. 

Some say the shouting match must have put off persuadable voters in the middle. I have a different take. Voters who haven’t decided yet aren’t likely waiting for a nuanced policy debate. If they were, they’d have already made up their minds. Instead, undecideds haven’t yet focused as much on the issues as we political junkies have. Undecideds are looking for the big-picture on the candidates’ differences, and that is what they got.

For my money, the law-and-order segment was the decisive exchange of the night. The differences between the candidates were stark. I think Trump was likely the big winner there, but that presumes the country is closer to his view than Biden’s. I guess we’ll have to wait and see. The section on climate change versus the economy was also clarifying. The most important and politically consequential controversy—Biden’s shifting position on fracking—was never properly addressed. Even so, the very different ways in which the candidates strike the balance on environment-versus-economy came through. I think that’s another winner for Trump.

I used to listen to debates like a policy wonk. That blinded me to much of what was happening in 2016. Of course, this isn’t 2016. Four years later, the president’s abrasive ways have worn thin with many voters. During these exchanges, however, I saw a president who was sharp as a tack, well able to call up interactions he’d had with world leaders and his policy people in order to make his points. Trump was tough to the point of rudeness, as usual, but had an energy, acuity, and strength that Biden lacked. When it comes to policy details, Trump can be frustratingly thin. But when it comes to the big-picture issues and options, the president comes through. He never explained in detail why Critical Race Theory is so pernicious, for example. But I’m betting that enough voters have knowledge of these insidious indoctrination sessions and the troubling culture they’ve spawned to take the president’s point. What other politician would have had the guts to tackle this issue? A lot of voters will appreciate that.

Biden held up very well for about the first hour. He far surpassed the ridiculously low expectations Republicans had set for him, and that has undoubtedly helped him. That said, Biden seemed to me to visibly fade in the last half-hour. He never quite lost it, but his mumbling, semi-confused manner emerged. A couple of times it seemed as though the president’s interruptions actually saved Biden from what was beginning to devolve into word salad.

I don’t think the tax return issue hurt the president at all. Biden’s denials on the charges of Hunter’s corruption are unconvincing to anyone who has followed the issue. Even so, the Democrat-dominated media will likely succeed at obscuring the controversy. For all the personal attacks, it was the big-picture policy differences that came through. I think this will matter to undecided voters.13

Maybe that’s all neither here nor there in the face of the tone and tenor of the debate. Maybe voters are just tired of the president’s aggressiveness or wary of Biden’s age and acuity, or just sick and tired of the whole ugly mess that our politics has become. A lot of the commentary so far has suggested as much.

Perhaps. But I think this debate has reminded the relatively few voters who may have only recently tuned in to this election how profoundly the candidates differ on the direction our country should take. To me, that suggests the race will continue to tighten.

STANLEY KURTZ is a senior fellow at the Ethics and Public Policy Center.  

Related posts:

Liberal writes “Amy Coney Barrett Deserves to Be on the Supreme Court”

September 26, 2020 – 10:31 am

— —- Amy Coney Barrett Deserves to Be on the Supreme Court I disagree with Trump’s judicial nominee on almost everything. But I still think she’s brilliant.By Noah FeldmanSeptember 26, 2020, 8:00 AM EDT Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

​Amy Coney Barrett At Hillsdale College!!!

September 21, 2020 – 8:10 pm

— ​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Profile of Amy Coney Barrett who President Trump nominated for Supreme Court!

September 26, 2020 – 4:50 pm

— — Amy Howe Independent Contractor and Reporter Posted Mon, September 21st, 2020 5:00 pmEmail AmyBio & Post Archive » Profile of a potential nominee: Amy Coney Barrett President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court but Fox News reports she is facing criticism from Dems over her religion!

September 26, 2020 – 4:49 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A closer look at Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:48 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett of RHODES COLLEGE in Memphis for Supreme Court!

September 26, 2020 – 4:43 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A Conversation with Judge Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:38 pm

— — — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Hesburgh Lecture 2016: Professor Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:35 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (RHODES COLLEGE GRAD) for Supreme Court!

September 26, 2020 – 4:32 pm

— —- I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and she Opened Up about Adoption, Pregnancy in 2019 D.C. Talk

September 26, 2020 – 4:30 pm

— — —- Amy Coney Barrett Opened Up about Adoption, Pregnancy in 2019 D.C. Talk By TOBIAS HOONHOUTSeptember 22, 2020 2:41 PM While she hasn’t explicitly challenged the precedent established by Roe v. Wade in her capacity as a judge, Amy Coney Barrett — pegged by some as the odds-on favorite to be President Trump’s Supreme Court nominee […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and Democrats should resist the urge to target her for her faith!!!

September 26, 2020 – 4:25 pm

— —-   OPINION   DECLARATIONS The Truth About People of Praise If the nominee is Amy Coney Barrett, Democrats should resist the urge to target her for her faith. By Peggy NoonanSept. 24, 2020 7:28 pm ET I strongly felt in the winter of 2016 that it was right and wise to hold off on […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (Who graduated from RHODES COLLEGE of MEMPHIS) for Supreme Court!

September 26, 2020 – 4:05 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part P “Freedom of speech lives on Ark Times Blog” (includes the video ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 25, 2013 – 6:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part O “Without God in the picture there can not be lasting meaning to our lives” (includes film ABORTION OF THE HUMAN RACE)

April 23, 2013 – 7:04 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part K “On what basis do you say murder is wrong?”Part 1 (includes film ABORTION OF THE HUMAN RACE)

April 16, 2013 – 5:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part J “Can atheists find lasting meaning to their lives?” (includes film ABORTION OF THE HUMAN RACE)

April 15, 2013 – 7:48 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part H “Are humans special?” includes film ABORTION OF THE HUMAN RACE) Reagan: ” To diminish the value of one category of human life is to diminish us all”

April 10, 2013 – 6:43 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part G “How do moral nonabsolutists come up with what is right?” includes the film “ABORTION OF THE HUMAN RACE”)

April 9, 2013 – 6:36 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (3)

Taking on Ark Times Bloggers on various issues Part E “Moral absolutes and abortion” Francis Schaeffer Quotes part 5(includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)

April 7, 2013 – 6:25 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (2)

“Sanctity of Life Saturday” Abortion supporters lying in order to further their clause? Window to the Womb (includes video ABORTION OF THE HUMAN RACE)

April 6, 2013 – 12:01 am

It is truly sad to me that liberals will lie in order to attack good Christian people like state senator Jason Rapert of Conway, Arkansas because he headed a group of pro-life senators that got a pro-life bill through the Arkansas State Senate the last week of January in 2013. I have gone back and […]By Everette Hatcher III | Posted in Arkansas TimesFrancis SchaefferMax BrantleyProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part D “If you can’t afford a child can you abort?”Francis Schaeffer Quotes part 4 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 5, 2013 – 6:30 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

—-By Everette Hatcher III, on September 30, 2020 at 11:42 am, under Uncategorized. No CommentsPost a comment or leave a trackback: Trackback URL.

Biden clashes with Trump over Antifa: ‘It’s an idea, not an organization’ Trump fired back: ‘Oh, you got to be kidding’

Biden clashes with Trump over Antifa: ‘It’s an idea, not an organization’

President Trump and former Vice President Joe Biden had a heated exchange over extremist violence with each facing questions over their approach to dealing with the problem  

When Trump called out Antifa, Biden referenced FBI Director Christopher Wray’s claim that Antifa was more of a movement or ideology rather than an organization. “Antifa is an idea, not an organization,” Biden said. Trump fired back: “Oh, you got to be kidding.”

After Biden mentioned Wray, Trump said his FBI director was “wrong.”

Earlier this month, Wray offered congressional testimony in which he said Antifa was a “real thing” and that the FBI had undertaken “any number of properly predicated investigations into what we would describe as violent anarchist extremists,” including into individuals who identify with Antifa.

At one point, he said that Antifa wasn’t “a group or an organization. It’s a movement or an ideology.” He also said the individuals who identify with the Antifa movement were “coalescing regionally into what you might describe as small groups or nodes” that are under investigation.

FBI DIRECTOR WRAY: ‘ANTIFA IS A REAL THING,’ FBI HAS CASES AGAINST PEOPLE IDENTIFYING WITH MOVEMENT

Regardless, Antifa has been blamed for a wide range of violent incidents in U.S. cities. Attorney General William Barr previously told CNN: “I’ve talked to every police chief in every city where there has been major violence and they all have identified Antifa as the ramrod for the violence.”

Biden has encountered criticism for his response to violence in U.S. cities, although he condemned “needless destruction” as early as May amid rioting in Minneapolis. “Protesting such brutality is right and necessary,” he said after George Floyd’s death. “It’s an utterly American response. But burning down communities and needless destruction is not. Violence that endangers lives is not. Violence that guts and shutters businesses that serve the community is not.”

Fox News’ Thomas Barrabi and the Associate

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Liberal writes “Amy Coney Barrett Deserves to Be on the Supreme Court”

September 26, 2020 – 10:31 am

— —- Amy Coney Barrett Deserves to Be on the Supreme Court I disagree with Trump’s judicial nominee on almost everything. But I still think she’s brilliant.By Noah FeldmanSeptember 26, 2020, 8:00 AM EDT Like many other liberals, I’m devastated by Justice Ruth Bader Ginsburg’s death, which opened the way for President Donald Trump to nominate […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

​Amy Coney Barrett At Hillsdale College!!!

September 21, 2020 – 8:10 pm

— ​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Profile of Amy Coney Barrett who President Trump nominated for Supreme Court!

September 26, 2020 – 4:50 pm

— — Amy Howe Independent Contractor and Reporter Posted Mon, September 21st, 2020 5:00 pmEmail AmyBio & Post Archive » Profile of a potential nominee: Amy Coney Barrett President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court but Fox News reports she is facing criticism from Dems over her religion!

September 26, 2020 – 4:49 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A closer look at Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:48 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett of RHODES COLLEGE in Memphis for Supreme Court!

September 26, 2020 – 4:43 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

A Conversation with Judge Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:38 pm

— — — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Hesburgh Lecture 2016: Professor Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

September 26, 2020 – 4:35 pm

— —- — Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism. Amy Coney Barrett Barrett in […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (RHODES COLLEGE GRAD) for Supreme Court!

September 26, 2020 – 4:32 pm

— —- I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and she Opened Up about Adoption, Pregnancy in 2019 D.C. Talk

September 26, 2020 – 4:30 pm

— — —- Amy Coney Barrett Opened Up about Adoption, Pregnancy in 2019 D.C. Talk By TOBIAS HOONHOUTSeptember 22, 2020 2:41 PM While she hasn’t explicitly challenged the precedent established by Roe v. Wade in her capacity as a judge, Amy Coney Barrett — pegged by some as the odds-on favorite to be President Trump’s Supreme Court nominee […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett for Supreme Court and Democrats should resist the urge to target her for her faith!!!

September 26, 2020 – 4:25 pm

— —-   OPINION   DECLARATIONS The Truth About People of Praise If the nominee is Amy Coney Barrett, Democrats should resist the urge to target her for her faith. By Peggy NoonanSept. 24, 2020 7:28 pm ET I strongly felt in the winter of 2016 that it was right and wise to hold off on […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

President Trump nominated Amy Coney Barrett (Who graduated from RHODES COLLEGE of MEMPHIS) for Supreme Court!

September 26, 2020 – 4:05 pm

— I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there […]By Everette Hatcher III | Posted in Uncategorized | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part P “Freedom of speech lives on Ark Times Blog” (includes the video ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 25, 2013 – 6:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part O “Without God in the picture there can not be lasting meaning to our lives” (includes film ABORTION OF THE HUMAN RACE)

April 23, 2013 – 7:04 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part K “On what basis do you say murder is wrong?”Part 1 (includes film ABORTION OF THE HUMAN RACE)

April 16, 2013 – 5:49 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferPresident ObamaProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part J “Can atheists find lasting meaning to their lives?” (includes film ABORTION OF THE HUMAN RACE)

April 15, 2013 – 7:48 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part H “Are humans special?” includes film ABORTION OF THE HUMAN RACE) Reagan: ” To diminish the value of one category of human life is to diminish us all”

April 10, 2013 – 6:43 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part G “How do moral nonabsolutists come up with what is right?” includes the film “ABORTION OF THE HUMAN RACE”)

April 9, 2013 – 6:36 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (3)

Taking on Ark Times Bloggers on various issues Part E “Moral absolutes and abortion” Francis Schaeffer Quotes part 5(includes the film SLAUGHTER OF THE INNOCENTS) (editorial cartoon)

April 7, 2013 – 6:25 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (2)

“Sanctity of Life Saturday” Abortion supporters lying in order to further their clause? Window to the Womb (includes video ABORTION OF THE HUMAN RACE)

April 6, 2013 – 12:01 am

It is truly sad to me that liberals will lie in order to attack good Christian people like state senator Jason Rapert of Conway, Arkansas because he headed a group of pro-life senators that got a pro-life bill through the Arkansas State Senate the last week of January in 2013. I have gone back and […]By Everette Hatcher III | Posted in Arkansas TimesFrancis SchaefferMax BrantleyProlife | Edit | Comments (0)

Taking on Ark Times Bloggers on various issues Part D “If you can’t afford a child can you abort?”Francis Schaeffer Quotes part 4 includes the film ABORTION OF THE HUMAN RACE) (editorial cartoon)

April 5, 2013 – 6:30 am

I have gone back and forth and back and forth with many liberals on the Arkansas Times Blog on many issues such as abortion, human rights, welfare, poverty, gun control  and issues dealing with popular culture. Here is another exchange I had with them a while back. My username at the Ark Times Blog is Saline […]By Everette Hatcher III | Posted in Francis SchaefferProlife | Edit | Comments (0)

—-By Everette Hatcher III, on September 30, 2020 at 11:42 am, under Uncategorized. No CommentsPost a comment or leave a trackback: Trackback URL.

Profile of Amy Coney Barrett who President Trump nominated for Supreme Court!

Amy Howe Independent Contractor and Reporter

Posted Mon, September 21st, 2020 5:00 pmEmail Amy
Bio & Post Archive »

Profile of a potential nominee: Amy Coney Barrett

President Donald Trump announced on Saturday that he would nominate a woman to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. According to news reports, Judge Amy Coney Barrett, a judge on the Chicago-based U.S. Court of Appeals for the 7th Circuit, is on the shortlist of candidates whom the president is considering.

Judge Amy Coney Barrett (University of Notre Dame)

This is not the first time that Barrett’s name has been mentioned in connection with a possible Supreme Court seat: Barrett was reportedly also on the shortlist to fill the vacancy created by the retirement of Justice Anthony Kennedy in 2018. Although that seat was eventually filled by now-Justice Brett Kavanaugh, Trump reportedly told advisers that he was “saving” Barrett in case Ginsburg stepped down during his presidency. Barrett became a hero to many religious conservatives after her 2017 confirmation hearing for her seat on the court of appeals, when Democrats on the Senate Judiciary Committee – most notably, Sen. Dianne Feinstein of California – grilled her on the role of her Catholic faith in judging.

Early life and career

The 48-year-old Barrett grew up in Metairie, Louisiana, a suburb of New Orleans, and attended St. Mary’s Dominican High School, a Catholic girls’ school in New Orleans. Barrett graduated magna cum laude from Rhodes College, a liberal arts college in Tennessee affiliated with the Presbyterian Church, in 1994. (Other high-profile alumni of the school include Abe Fortas, who served as a justice on the Supreme Court from 1965 to 1969, and Claudia Kennedy, the first woman to become a three-star general in the U.S. Army.) At Rhodes, she was a member of Phi Beta Kappa and was also recognized as the most outstanding English major and for having the best senior thesis.

After graduating from Rhodes, Barrett went to law school at Notre Dame on a full-tuition scholarship. She excelled there as well: She graduated summa cum laude in 1997, received awards for having the best exams in 10 of her courses and served as executive editor of the school’s law review.

Barrett then held two high-profile conservative clerkships, first with Judge Laurence Silberman of the U.S. Court of Appeals for the District of Columbia Circuit, from 1997 to 1998, and then with the late Justice Antonin Scalia, from 1998 to 1999. After leaving her Supreme Court clerkship, she spent a year practicing law at Miller, Cassidy, Larroca & Lewin, a prestigious Washington, D.C., litigation boutique that also claims as alumni former U.S. solicitor general Seth Waxman, former deputy attorney general Jamie Gorelick, and John Elwood, the head of Arnold & Porter’s appellate practice and a regular contributor to SCOTUSblog. In 2001, Miller Cassidy merged with Baker Botts, a larger, Texas-based firm, and Barrett spent another year there before leaving for academia. To the chagrin of Democratic senators during her confirmation process for the 7th Circuit, Barrett was able to recall only a few of the cases on which she worked, and she indicated that she never argued any appeals while in private practice.

A prolific stint in academia

Barrett spent a year as a law and economics fellow at George Washington University before heading to her alma mater, Notre Dame, in 2002 to teach federal courts, constitutional law and statutory interpretation. Barrett was named a professor of law at the school in 2010; four years later, she became the Diane and M.O. Research Chair of Law. Barrett was named “distinguished professor of the year” three times.

While at Notre Dame, Barrett signed a 2012 “statement of protest” condemning the accommodation that the Obama administration created for religious employers who were subject to the Affordable Care Act’s birth control mandate. The statement lamented that the accommodation “changes nothing of moral substance and fails to remove the assault on individual liberty and the rights of conscience which gave rise to the controversy.” Barrett was also a member of the Federalist Society, the conservative legal group, from 2005 to 2006 and then again from 2014 to 2017. In response to written questions from Democratic senators during her 7th Circuit confirmation process, Barrett indicated that she had rejoined the group because it gave her “the opportunity to speak to groups of interested, engaged students on topics of mutual interest,” but she added that she had never attended the group’s national convention.

During her 15 years as a full-time law professor, Barrett’s academic scholarship was prolific. Several of her articles, however, drew fire at Barrett’s confirmation hearing, with Democratic senators suggesting that they indicate that Barrett would be influenced by her Catholic faith, particularly on the question of abortion.

Barrett co-wrote her first law review article, “Catholic Judges in Capital Cases,” with Notre Dame law professor John Garvey (now the president of the Catholic University of America); the article was published in the Marquette Law Review in 1998, shortly after her graduation from Notre Dame. It explored the effect of the Catholic Church’s teachings on the death penalty on federal judges, and it used the church’s teachings on abortion and euthanasia as a comparison point, describing the prohibitions on abortion and euthanasia as “absolute” because they “take away innocent life.” The article also noted that, when the late Justice William Brennan was asked about potential conflict between his Catholic faith and his duties as a justice, he responded that he would be governed by “the oath I took to support the Constitution and laws of the United States.” Barrett and Garvey observed that they did not “defend this position as the proper response for a Catholic judge to take with respect to abortion or the death penalty.”

When questioned about the article at her 7th Circuit confirmation hearing, Barrett stressed that she did not believe it was “lawful for a judge to impose personal opinions, from whatever source they derive, upon the law,” and she pledged that her views on abortion “or any other question will have no bearing on the discharge of my duties as a judge.” She acknowledged that, if she were instead being nominated to serve as a federal trial judge, she “would not enter an order of execution,” but she assured senators that she did not intend “as a blanket matter to recuse myself in capital cases if I am confirmed” and added that she had “fully participated in advising Justice Scalia in capital cases as a law clerk.”

Barrett’s responses did not mollify Feinstein, who suggested that Barrett had a “long history of believing that religious beliefs should prevail.” In a widely reported exchange, Feinstein told Barrett that, based on Barrett’s speeches, “the conclusion one draws is that the dogma lives loudly within you. And that’s of concern when you come to big issues that large numbers of people have fought for years in this country.”

In another article, “Stare Decisis and Due Process,” published in the University of Colorado Law Review, Barrett discussed the legal doctrine that generally requires courts to follow existing precedent, even if they might believe that it is wrong. Barrett wrote that courts and commentators “have thought about the kinds of reliance interests that justify keeping an erroneous decision on the books”; in a footnote, she cited (among other things) Planned Parenthood v. Casey, the 1992 decision reaffirming Roe v. Wade. Barrett’s detractors characterized the statement as criticism of Roe itself, while supporters such as conservative legal activist Ed Whelan countered that the statement did not reflect Barrett’s views on Roe itself, but instead was just an example of competing opinions on the reliance interests in Roe.

Path to the federal bench

Trump nominated Barrett to the 7th Circuit on May 8, 2017. Despite some criticism from Democrats, she garnered bipartisan support at her confirmation hearing. A group of 450 former students signed a letter to the Senate Judiciary Committee, telling senators that their support was “driven not by politics, but by the belief that Professor Barrett is supremely qualified.” And she had the unanimous support of her 49 Notre Dame colleagues, who wrote that they had a “wide range of political views” but were “united however in our judgment about Amy.”

After Barrett’s confirmation hearing but before the Senate voted on her nomination, The New York Times reported that Barrett was a member of a group called People of Praise. Group members, the Times indicated, “swear a lifelong oath of loyalty to one another, and are assigned and accountable to a personal adviser.” Moreover, the Times added, the group “teaches that husbands are the heads of their wives and should take authority for their family.” The newspaper quoted legal experts who worried that such oaths “could raise legitimate questions about a judicial nominee’s independence and impartiality.”

Barrett declined the Times’ request for an interview about People of Praise, whose website describes the group as an “ecumenical, charismatic, covenant community” modeled on the “first Christian community.” “Freedom of conscience,” the website says, “is a key to our diversity.” In 2018, Slate interviewed the group’s leader, a physics and engineering professor at Notre Dame, who explained that members of the group “often make an effort to live near one another” and agree to donate 5% of their income to the group.

On Oct. 31, 2017, Barrett was confirmed to the 7th Circuit by a vote of 55 to 43. Three Democratic senators – her home state senator, Joe Donnelly; Tim Kaine of Virginia; and Joe Manchin of West Virginia – crossed party lines to vote for her, while two Democratic senators (Claire McCaskill of Missouri and Robert Menendez of New Jersey) did not vote.

Barrett as a judge: Gun rights and abortion

In a story in the National Review in August 2020, conservative legal activist Carrie Severino described Barrett as a “champion of originalism” during her short tenure so far on the 7th Circuit. In the 2019 case Kanter v. Barr, the court of appeals upheld the mail fraud conviction of the owner of an orthopedic footwear company. He argued that federal and state laws that prohibit people convicted of felonies from having guns violate his Second Amendment right to bear arms. The majority rejected that argument. It explained that the government had shown that the laws are related to the government’s important goal of keeping guns away from people convicted of serious crimes.

Barrett dissented. At the time of the country’s founding, she said, legislatures took away the gun rights of people who were believed to be dangerous. But the laws at the heart of Kanter’s case are too broad, she argued, because they ban people like Kanter from having a gun without any evidence that they pose a risk. Barrett stressed that the Second Amendment “confers an individual right, intimately connected with the natural right of self-defense and not limited to civic participation.”

During her time on the court of appeals, Barrett has grappled with the issue of abortion twice – both times in dealing with requests for the full court of appeals to rehear a case, rather than as part of a three-judge panel. In 2018, the full court ordered rehearing en banc in a challenge to an Indiana law requiring fetal remains to be either buried or cremated after an abortion but then vacated that order and reinstated the original opinion blocking the state from enforcing the law.

Barrett joined a dissent from the denial of rehearing en banc written by Judge Frank Easterbrook. Easterbrook began by addressing a separate provision of the law that had also been struck down but was not at issue in the rehearing proceedings: It would bar abortions based on the race, sex or disability (such as Down syndrome) of the fetus. Characterizing the provision as a means of preventing prospective parents from “[u]sing abortion as a way to promote eugenic goals,” Easterbrook expressed doubt that the Constitution bars states from enacting such laws.

Indiana later went to the Supreme Court, which reversed the 7th Circuit’s opinion on the provision governing fetal remains. States have an interest in the proper disposal of fetal remains, the justices reasoned, and this law “is rationally related to” that interest. But the justices did not weigh in on the part of the 7th Circuit’s decision that struck down the ban on abortions based on race, sex or disability, leaving the state unable to enforce that provision.

In 2019, Barrett indicated that she wanted the full 7th Circuit to hear a challenge to an Indiana law requiring young women to notify their parents before obtaining an abortion after a three-judge panel ruled that the law was unconstitutional. She joined a dissent from the denial of rehearing by Judge Michael Kanne, who wrote that “[p]reventing a state statute from taking effect is a judicial act of extraordinary gravity in our federal structure.” The state asked the Supreme Court to weigh in, and the justices sent the case back to the lower courts this summer for another look in light of their ruling in June Medical Services v. Russo, which struck down a Louisiana law that requires doctors who perform abortions to have the right to admit patients at nearby hospitals.

Also in 2019, Barrett joined an opinion that upheld a Chicago ordinance that bars anti-abortion “sidewalk counselors” from approaching women entering an abortion clinic. The Chicago ordinance was modeled after a Colorado law that the Supreme Court upheld in 2000 in Hill v. Colorado, but challengers argued that later decisions by the Supreme Court “have so thoroughly undermined Hill’s reasoning that we need not follow it.” Judge Diane Sykes – who is also on Trump’s list of potential nominees, although now an unlikely candidate at age 62 – wrote that “[t]hat’s a losing argument in the court of appeals. The Court’s intervening decisions have eroded Hill’s foundation, but the case still binds us; only the Supreme Court can say otherwise.” The Supreme Court denied the challengers’ petition for review in July 2020.

Barrett as a judge: Sex discrimination on campus and immigration policy

In Doe v. Purdue University, Barrett wrote for a three-judge panel that reinstated a lawsuit filed against the university and its officials by a student who had been found guilty, through the university’s student discipline program, of sexual violence. One expert who advises colleges and universities on compliance with Title IX, a federal law that bars gender discrimination in education, told The Washington Post that the opinion was a “trendsetter” that would make it easier for students to bring lawsuits against universities to trial.

The student, known as John Doe, was suspended from school, which in turn led to his expulsion from the Navy ROTC program, the loss of his scholarship and the end of his plans to join the Navy after graduation. The court of appeals agreed with the student that he should be allowed to pursue his claim alleging that the process used to determine his guilt or innocence violated the Constitution. “Purdue’s process,” Barrett wrote, “fell short of what even a high school must provide to a student facing a days-long suspension.”

The court also revived the student’s statutory claim under Title IX. Barrett observed that although a 2011 letter from the Department of Education to colleges and universities warning schools to vigorously investigate and punish sexual misconduct or risk losing federal funds would give Doe “a story about why Purdue might have been motivated to discriminate against males accused of sexual assault,” it might not, she observed, standing alone, be enough for his case to go forward. However, she continued, the combination of the letter and facts suggesting that university officials had chosen to believe his alleged victim “because she is a woman and to disbelieve John Doe because he is a man” would suffice for his case to continue.

In June 2020, Barrett dissented from a decision that upheld a district court order blocking the Trump administration from enforcing the “public charge” rule, which bars noncitizens from receiving a green card if the government believes they are likely to rely on public assistance. The district court had put the administration’s 2019 interpretation of the rule on hold, ruling that it likely exceeded the scope of the underlying “public charge” statute, which according to the district court requires a longer and more substantial dependence on government assistance before someone may be considered a “public charge.” In February, a divided Supreme Court issued an emergency order allowing the federal government to begin enforcing the rule while its appeals were pending.

In her dissent, Barrett rejected the challengers’ efforts to portray the public charge statute as narrow. The current law, she explained, “was amended in 1996 to increase the bite of the public charge determination.” As a result, she continued, it is “not unreasonable to describe someone who relies on the government to satisfy a basic necessity for a year, or multiple basic necessities for a period of months, as falling within the definition of a term that denotes a lack of self-sufficiency.” What the challengers are really objecting to, she suggested, is “this policy choice” or even the very idea of excluding legal immigrants who are deemed likely to depend on government assistance. But, she concluded, litigation “is not the vehicle for resolving policy disputes.”

In Yafai v. Pompeo, Barrett wrote for a three-judge panel that agreed that the wife of a U.S. citizen could not challenge the denial of her visa application. A consular officer rejected the application by Zahoor Ahmed, a Yemeni citizen, on the ground that she had attempted to smuggle two children into the United States. Ahmed and her husband told the embassy that the children she was accused of smuggling had died in a drowning accident and provided documentation, at the embassy’s request.

Relying on a doctrine known as consular nonreviewability, which prohibits courts from reviewing visa decisions made by consular officials overseas, Barrett concluded that it was enough that the consular officer cited the provision of federal immigration law on which he relied and the basic facts at the heart of her case. Because Ahmed and her husband did not show that the consular officer had acted in bad faith in denying her visa application, courts could not look behind that decision. If anything, Barrett suggested, the fact that consular officers had asked for additional documents “suggests a desire to get it right,” and she said that an email from an embassy officer to Ahmed’s lawyer “reveals good-faith reasons for rejecting the plaintiffs’ response to the smuggling charge.”

Barrett as a judge: Other cases

One case that would almost certainly draw attention if she were nominated came shortly after she took the bench: EEOC v. AutoZone, in which the federal government asked the full court of appeals to reconsider a ruling against the Equal Employment Opportunity Commission in its lawsuit against AutoZone, an auto parts store. The EEOC had argued that the store violated Title VII of the Civil Rights Act, which bars employees from segregating or classifying employees based on race, when it used race as a determining factor in assigning employees to different stores – for example, sending African American employees to stores in heavily African American neighborhoods. A three-judge panel (that did not include Barrett) ruled for AutoZone; Barrett joined four of her colleagues in voting to deny rehearing by the full court of appeals.

Three judges – Chief Judge Diane Wood and Judges Ilana Diamond Rovner and David Hamilton – would have granted rehearing en banc. Those three also had strong words in the dissenting opinion they filed. They alleged that, under “the panel’s reasoning, this separate-but-equal arrangement is permissible under Title VII as long as the ‘separate’ facilities really are ‘equal’” – a conclusion, they continued, that is “contrary to the position that the Supreme Court has taken in analogous equal protection cases as far back as Brown v. Board of Education.”

In Schmidt v. Foster, Barrett dissented from the panel’s ruling in favor of a Wisconsin man who admitted that he had shot his wife seven times, killing her in their driveway. Scott Schmidt argued that he had been provoked, which would make his crime second-degree, rather than first-degree, homicide. The trial judge in a state court reviewed that claim at a pretrial hearing that prosecutors did not attend, and at which Schmidt’s attorney was not allowed to speak. The judge rejected Schmidt’s claim of provocation, and Schmidt was convicted of first-degree homicide and sentenced to life in prison. When Schmidt sought to overturn his conviction in federal court, the panel agreed that Schmidt had been denied his Sixth Amendment right to counsel, and the court of appeals sent the case back to the lower court.

Barrett disagreed with her colleagues. Her dissent began by emphasizing that the standard for federal post-conviction relief is “intentionally difficult because federal habeas review of state convictions” interferes with the states’ efforts to enforce their own laws. In this case, she contended, the state court’s decision rejecting Schmidt’s Sixth Amendment claim could not have been “contrary to” or “an unreasonable application of” clearly established federal law (the requirement for relief in federal court) because the Supreme Court has never addressed a claim that a defendant has a right to counsel in a pretrial hearing like the one at issue in this case. While acknowledging that “[p]erhaps the right to counsel should extend to a hearing like the one the judge conducted in Schmidt’s case,” she warned that federal law “precludes us from disturbing a state court’s judgment on the ground that a state court decided an open question differently than we would — or, for that matter, differently than we think the [Supreme] Court would.”

In Akin v. Berryhill, Barrett joined an unsigned decision in favor of a woman whose application for Social Security disability benefits had been denied by an administrative law judge. The panel agreed with the woman, Rebecca Akin, that the judge had incorrectly “played doctor” by interpreting her MRI results on his own, and it instructed the judge to take another look at his determination that Akin was not credible. The panel indicated that it was “troubled by the ALJ’s purported use of objective medical evidence to discredit Akin’s complaints of disabling pain,” noting that fibromyalgia (one of Akin’s ailments) “cannot be evaluated or ruled out by using objective tests.” It added that, among other things, the administrative law judge should not have discredited Akin’s choice to go with a more conservative course of treatment when she explained that “she was afraid of needles and that she wanted to wait until her children finished school before trying more invasive treatment.”

Barrett has been married for over 18 years to Jesse Barrett, a partner in a South Bend law firm who spent 13 years as a federal prosecutor in Indiana. They have seven children (only two fewer than her old boss, Scalia). At her 7th Circuit confirmation hearing, Barrett introduced three of her daughters, who were sitting behind her. She told senators that one daughter, then-13-year-old Vivian, was adopted from Haiti at the age of 14 months, weighing just 11 pounds; she was so weak at the time that the Barretts were told she might never walk normally or talk. The Barretts adopted a second child, Jon Peter, from Haiti after the 2011 earthquake, and Barrett described their youngest child, Benjamin, as having special needs that “present unique challenges for all of us.” Since becoming a judge, Barrett has reportedly commuted from her home in South Bend to Chicago, roughly 100 miles away, a few days a week. If she were nominated and confirmed to fill Ginsburg’s seat, she would likely move her family to the Washington, D.C., area and trade that commute for a shorter one to 1 First Street, N.E.

This article, which originally ran at Howe on the Court, is an updated version of a previous article on SCOTUSblog from July 2018.

Posted in FeaturedProfiling potential nominees to succeed Justice Ginsburg

Recommended Citation: Amy Howe, Profile of a potential nominee: Amy Coney Barrett, SCOTUSblog (Sep. 21, 2020, 5:00 PM), https://www.scotusblog.com/2020/09/profile-of-a-potential-nominee-amy-coney-barrett/

Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office 
November 2, 2017
Appointed byDonald Trump
Preceded byJohn Daniel Tinder
Personal details
BornJanuary 28, 1972(age 48)
New OrleansLouisiana, U.S.
Spouse(s)Jesse Barrett
EducationRhodes College (BA)
University of Notre Dame(JD)
Academic background
Academic work
DisciplineJurisprudence
InstitutionsNotre Dame Law School
WebsiteNotre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the ColumbiaCornellVirginiaNotre Dame, and TexasLaw Reviews.[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[15] Barrett has continued to teach seminars as a sitting judge.[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”[24][25][26] The hearing made Barrett popular with religious conservatives,[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. HodgesUnited States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe DonnellyTim Kaine, and Joe Manchin—voting for her.[10] She received her commission two days later.[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[44][45][46] The public charge issue is the subject of a circuit split.[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”[64][65][66][67] She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.[16][68] Trump chose Kavanaugh.[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[70] In the Republican Party, Barrett was favored by social conservatives.[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.[73][74][75][76]

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South BendIndiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.[79][2][81]Barrett is a practicing Catholic.[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[25][10][11] She is a member of the American Law Institute.[87]

Selected publications

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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President Trump nominated Amy Coney Barrett for Supreme Court but Fox News reports she is facing criticism from Dems over her religion!

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Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office 
November 2, 2017
Appointed byDonald Trump
Preceded byJohn Daniel Tinder
Personal details
BornJanuary 28, 1972(age 48)
New OrleansLouisiana, U.S.
Spouse(s)Jesse Barrett
EducationRhodes College (BA)
University of Notre Dame(JD)
Academic background
Academic work
DisciplineJurisprudence
InstitutionsNotre Dame Law School
WebsiteNotre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the ColumbiaCornellVirginiaNotre Dame, and TexasLaw Reviews.[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[15] Barrett has continued to teach seminars as a sitting judge.[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”[24][25][26] The hearing made Barrett popular with religious conservatives,[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. HodgesUnited States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe DonnellyTim Kaine, and Joe Manchin—voting for her.[10] She received her commission two days later.[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[44][45][46] The public charge issue is the subject of a circuit split.[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”[64][65][66][67] She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.[16][68] Trump chose Kavanaugh.[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[70] In the Republican Party, Barrett was favored by social conservatives.[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.[73][74][75][76]

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South BendIndiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.[79][2][81]Barrett is a practicing Catholic.[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[25][10][11] She is a member of the American Law Institute.[87]

Selected publications

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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A closer look at Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!

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Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office 
November 2, 2017
Appointed byDonald Trump
Preceded byJohn Daniel Tinder
Personal details
BornJanuary 28, 1972(age 48)
New OrleansLouisiana, U.S.
Spouse(s)Jesse Barrett
EducationRhodes College (BA)
University of Notre Dame(JD)
Academic background
Academic work
DisciplineJurisprudence
InstitutionsNotre Dame Law School
WebsiteNotre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the ColumbiaCornellVirginiaNotre Dame, and TexasLaw Reviews.[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[15] Barrett has continued to teach seminars as a sitting judge.[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”[24][25][26] The hearing made Barrett popular with religious conservatives,[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. HodgesUnited States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe DonnellyTim Kaine, and Joe Manchin—voting for her.[10] She received her commission two days later.[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[44][45][46] The public charge issue is the subject of a circuit split.[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”[64][65][66][67] She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.[16][68] Trump chose Kavanaugh.[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[70] In the Republican Party, Barrett was favored by social conservatives.[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.[73][74][75][76]

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South BendIndiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.[79][2][81]Barrett is a practicing Catholic.[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[25][10][11] She is a member of the American Law Institute.[87]

Selected publications

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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RESPONDING TO HARRY KROTO’S BRILLIANT RENOWNED ACADEMICS!! PART 160 Part H (It was my privilege to correspond with Charles Darwin’s grandson, the eminent professor Dr. Horace Barlow, Neuroscience, Cambridge, December 8, 1921-July 5, 2020) 8th letter responds to Dr. Barlow’s letter to me concerning the universe being the result of chance

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I found Dr. Barlow to be a true gentleman and he was very kind to take the time to answer the questions that I submitted to him. In the upcoming months I will take time once a week to pay tribute to his life and reveal our correspondence. In the first week I noted:

 Today I am posting my first letter to him in February of 2015 which discussed Charles Darwin lamenting his loss of aesthetic tastes which he blamed on Darwin’s own dedication to the study of evolution. In a later return letter, Dr. Barlow agreed that Darwin did in fact lose his aesthetic tastes at the end of his life.

In the second week I look at the views of Michael Polanyi and share the comments of Francis Schaeffer concerning Polanyi’s views.

In the third week, I look at the life of Brandon Burlsworth in the November 28, 2016 letter and the movie GREATER and the problem of evil which Charles Darwin definitely had a problem with once his daughter died.

On the 4th letter to Dr. Barlow looks at Darwin’s admission that he at times thinks that creation appears to look like the expression of a mind. Francis Schaeffer discusses Darwin’s own words in 1968 sermon at this link.

My Fifth Letter concerning Charles Darwin’s views on MORAL MOTIONS Which was mailed on March 1, 2017. Francis Schaeffer discusses Darwin’s own words concerning moral motions in Schaeffer’s 1968 sermon at this link.

6th letter on May 1, 2017 in which Charles Darwin’s hopes are that someone would find in Pompeii an old manuscript by a distinguished Roman that would show that Christ existed! Francis Schaeffer discusses Darwin’s own words concerning the possible manuscript finds in Schaeffer’s 1968 sermon at this link  

7th letter on Darwin discussing DETERMINISM  dated 7-1-17 . Francis Schaeffer discusses Darwin’s own words concerning determinism in Schaeffer’s 1968 sermon at this link.

8th letter responds to Dr. Barlow’s letter to me concerning the universe being the result of chance. Francis Schaeffer discusses Darwin’s own words concerning chance in Schaeffer’s 1968 sermon at this link.

Horace Barlow pictured below:

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On November 21, 2014 I received a letter from Nobel Laureate Harry Kroto and it said:

…Please click on this URL http://vimeo.com/26991975

and you will hear what far smarter people than I have to say on this matter. I agree with them.

Harry Kroto

Image result for harry kroto

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Horace Barlow Death – Dead | Horace Barlow Obituary

Stuart Christie Obituary

 Horace Barlow Death | Passed Away | Obituary

 Horace Barlow Death – Dead: A great loss was made known to InsideEko. As friends and families of the deceased are mourning the passing of their loved and cherished Horace Barlow.

Having heard about this great loss, the family of this individual is passing through pains, mourning the unexpected passing of their beloved.

This departure was confirmed through social media posts made by Twitter users who pour out tributes, and condolences to the family of the deceased.

ANOTHER GIANT OF NEUROSCIENCE HAS PASSED: HORACE BARLOW DIED ON JULY 5 AT THE AGE OF 98. I CAN’T SUMMARIZE HORACE’S CONTRIBUTIONS ANY BETTER THAN WAS DONE BY OLIVER BRADDICK IN A MESSAGE SENT TO THE CVNET LISTSERV:

“HORACE WAS ONE OF THE CREATORS OF MODERN VISUAL NEUROSCIENCE AND ITS SYNTHESIS WITH THE STUDY OF PERCEPTION. HE HAD BEEN PUBLISHING SEMINAL RESEARCH ON VISION FOR NEARLY 70 YEARS, INCLUDING HIS DISCOVERIES OF SPECIFIC RESPONSES, INCLUDING ‘FLY DETECTORS’, IN THE FROG’S RETINA IN 1953 (6 YEARS BEFORE THE FAMOUS PAPER ON THE SAME THEME BY LETTVIN ET AL). HE PIONEERED COMPUTATIONAL THINKING ABOUT VISUAL INFORMATION CODING, INCLUDING PERHAPS THE EARLIEST RECOGNITION OF THE IMPORTANCE OF NOISE, WHICH WAS AN ENDURING THEME OF HIS WORK, AND HIS WRITINGS REFLECTED DEEP AND ORIGINAL THOUGHT ABOUT HOW NEURAL SIGNALS RELATED TO PERCEPTUAL FUNCTION.

MANY OF US WILL REMEMBER WITH PLEASURE HIS RECEIVING THE KEN NAKAYAMA AWARD AT VSS IN 2016, AND HIS 95TH BIRTHDAY THE SAME YEAR.

HORACE WAS THE GREAT-GRANDSON OF CHARLES DARWIN. HE LEAVES FOUR CHILDREN BY HIS FIRST MARRIAGE TO RUTHALA SALAMAN, AND THREE CHILDREN WITH MIRANDA WESTON SMITH WHOM HE MARRIED IN 1980.”

HORACE’S WORK HAD AN ENORMOUS EFFECT ON MY THINKING ABOUT THE BRAIN. I DON’T THINK I’VE EVER GIVEN A LECTURE ON NEUROSCIENCE IN GENERAL OR ON MY OWN LAB’S RESEARCH WITHOUT SEVERAL SLIDES OF HORACE’S CONTRIBUTIONS. REQUIEM AETERNAM.

RIP HORACE BARLOW, A GIANT OF NEUROSCIENCE. I HAVE VERY FOND MEMORIES OF HIS VISIT TO THE BARROW NEUROLOGICAL INSTITUTE IN 2013, AND THE DINNER AFTERWARDS. BARLOW’S SEMINAL WORK ON REDUNDANCY REDUCTION IN VISUAL PROCESSING WAS AN INSPIRATION FOR ONE OF MY MAIN RESEARCH LINES, ON THE PERCEPTION OF ANGLES, CURVES, CORNERS, AND OTHER VISUAL DISCONTINUITIES

RIP Horace Barlow, a giant of neuroscience. I have very fond memories of his visit to the Barrow Neurological Institute in 2013, and the dinner afterwards. Barlow’s seminal work on redundancy reduction in visual processing was an inspiration for one of my main research lines, on the perception of angles, curves, corners, and other visual discontinuities.

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I LEARNED THAT HORACE (BARLOW) PASSED AWAY. HE WAS A VISIONARY, A NEUROTHEORY PIONEER. I FEEL TERRIBLE SINCE I HAD PROMISED HIM A DRAFT BASED ON OUR DISCUSSION AND ONLY MANAGED TO REWRITE AND PUT IT IN THE BIN 5 TIMES. HERE IS THE LAST PIC I HAVE OF HIM W HIS (THEN) NEW PUPPY

Nima Dehghani
@neurovium
I learned that Horace (Barlow) passed away. He was a visionary, a neurotheory pioneer. I feel terrible since I had promised him a draft based on our discussion and only managed to rewrite and put it in the bin 5 times. Here is the last pic I have of him w his (then) new puppy
👇

SAD NEWS THAT HORACE BARLOW HAS DIED. BARLOW PROPOSED: •FEATURE SELECTIVITY• IN SENSORY NEURONS (WHICH CODE INFORMATION IN AN •EFFICIENT• WAY) & THAT ONE COULD USE •NOISE• TO PROBE SENSORY SYSTEMS. ONE OF THE 1ST COMPUTATIONAL NEUROSCIENTISTS. A GIANT AND AN INSPIRATION.

Steven Dakin
@StevenDakin
Sad news that Horace Barlow has died. Barlow proposed: •feature selectivity• in sensory neurons (which code information in an •efficient• way) & that one could use •noise• to probe sensory systems. One of the 1st computational neuroscientists. A giant and an inspiration.

Profile photo, opens profile page on Twitter in a new tab

Greg D. Field
@GregDField
My favorite Horace Barlow paper is his study on single photon detection. He estimated the thermal stability of rhodopsin from the false positive rate of human observers detecting dim flashes. Spanned psychophysics to biochemistry in one study. In 1956. Single author.
Jayne Blakemore
@sjblakemore
Very sad news that Horace Barlow has died. He was my dad’s supervisor in the late 1960s and a friend ever since. Last year, at 98, he came to a conference in Cambridge and asked questions after every talk. He was a brilliant thinker and an inspiration. en.wikipedia.org/wiki/Horace_Ba

More details have not been released about this death, and actual death age and date are yet to confirmed by us. We are still working on getting more details about the death, as family statement on the death is yet to be released.

1st letter in response to 11-22-17 letter I received from Professor Horace Barlow was mailed on 12-2-17 and included these pictures:

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Francis Schaeffer (1912-1984) taught at the Swiss L’Abri Community.

Image result for francis schaeffer L’Abri

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Adrian Rogers pictured above and Bill Elliff below.

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Charles Darwin (1809-1882)

Image result for charles darwin

I had the opportunity to watch over 50 interviews conducted by Dr. Alan Macfarlane on You Tube and I recommend them very highly as the best in depth interviews I have ever seen.

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Horace Barlow pictured above with interviewer Professor Alan Macfarlane below:

Image result for alan macfarlane interviews

FILMED INTERVIEWS WITH LEADING THINKERS

Dr. Alan Macfarlane noted:

The interviews were started by Jack Goody in 1982. He arranged for the filming of seminars by Audrey Richards, Meyer Fortes and M.N.Srinivas. Since then, with the help of others, and particularly Sarah Harrison, I have filmed and edited over ninety archival interviews. Having started with leading anthropologists, my subjects have broadened to include other social scientists and, recently, biological and physical scientists.

 1150 words

December 2, 2017

Dr. Horace Barlow, Department of Physiology, Development and Neuroscience, University of Cambridge, Downing Street,Physiological Laboratory, United Kingdom,

Dear Dr. Barlow,

I was so thrilled to receive your letter yesterday evening that I had to spend most of December 2nd thinking how to respond to your thought provoking words.

Let me give you some background on why I have written you. Since 1974 I have been reading the books of Francis Schaeffer. Then later in the 1970’s Schaeffer released two film series. Here is what Wikipedia had to say about Schaeffer:

Francis August Schaeffer (January 30, 1912 – May 15, 1984[1]) was an American Evangelical Christian theologianphilosopher, and Presbyterian pastor. He is best known for establishing the L’Abri community in Switzerland. Opposed to theological modernism, Schaeffer promoted a more historic Protestant faith… which he believed would answer the questions of the age.

Also over the last 25 years I have had the opportunity to listen to hundreds of Schaeffer’s recorded messages from the L’Abri community in Switzerland.

On the tenth anniversary of Francis Schaeffer’s passing, May 15, 1994, I sent out to several hundred prominent skeptics an evangelistic letter that told about Schaeffer’s life. This same letter included the CD entitled “Dust, Darwin, and Disbelief,” by Adrian Rogers and Bill Elliff which quoted your great grandfather, Charles Darwin. That CD started off with the song DUST IN THE WIND by the group KANSAS for the simple reason that if we  accept that we are the result of chance then all we are is DUST IN THE WIND.

I thought the inclusion of the song DUST IN THE WIND was logical, but that logic was challenged by the third paragraph in your November 22, 2017 letter which said:

You may ask, “What is to take the place of Religious Belief in helping to understand the world around us? It has order and purpose, which cannot be explained by Blind chance as evolution teaches.” I agree it cannot be explained by Blind chance alone, but Darwin did not claim that this happens, and modern evolutionists agree. We say that chance variations (mutations) occur in the substances (called genes nowadays) that control development and cause son and daughter to resemble father and mother. These genes control the development of the offspring, and and influence their success in life, and in particular they influence the types of mutated genes that are passed on to the next generation. Chance, together with “Survival of the fittest,” thus causes the appearance of apparently purposeful adaptations of the population of genes in a species.

If you are correct then I was wrong to include the song DUST IN THE WIND. Let me respond by quoting Francis Schaeffer from his talk In the spring of 1968 which centered on your great uncle Francis Darwin’s book:

Darwin in his autobiography  Darwin, Francis ed. 1892. Charles Darwin: his life told in an autobiographical chapter, and in a selected series of his published letters [abridged edition]. London: John Murray, and in his letters showed that all through his life he NEVER really came to a QUIETNESS concerning the possibility that chance really explained the situation of the biological world. You will find there is much material on this [from Darwin] extended over many many years that constantly he was wrestling with this problem. Darwin never came to a place of satisfaction. You have philosophically ONLY TWO possible beginnings. The first would be a PERSONAL beginning and the other would be an IMPERSONEL beginning plus time plus CHANCE. There is no other possible alternative except the alternative that everything comes out of nothing and that has to be a total nothing and that has to be a total nothing without mass, energy or motion existing. No one holds this last view because it is unthinkable. Darwin understood this and therefore until his death he was uncomfortable with the idea of CHANCE producing the biological variation. 

  Darwin, C. R. to Graham, William 3 July 1881 (letter written less than a year before Darwin’s death and less than 40 years before your birth, Dr Barlow):

Nevertheless you have EXPRESSED MY INWARD CONVICTION, though far more vividly and clearly than I could have done, that the Universe is NOT THE RESULT OF CHANCE.* But THEN with me the HORRID DOUBT ALWAYS ARISES whether the convictions of man’s mind, which has been developed from the mind of the lower animals, are of any value or at all trustworthy. Would any one trust in the convictions of a monkey’s mind, if there are any convictions in such a mind?

Francis Schaeffer comments:

Can you feel this man? He is in real agony. You can feel the whole of modern man in this tension with Darwin. My mind can’t accept that ultimate of chance, that the universe is a result of chance. He has said 3 or 4 times now that he can’t accept that it all happened by chance and then he will write someone else and say something different. How does he say this (about the mind of a monkey) and then put forth this grand theory? Wrong theory I feel but great just the same. Grand in the same way as when I look at many of the paintings today and I differ with their message but you must say the mark of the mannishness of man are one those paintings titanic-ally even though the message is wrong and this is the same with Darwin.  But how can he say you can’t think, you come from a monkey’s mind, and you can’t trust a monkey’s mind, and you can’t trust a monkey’s conviction, so how can you trust me? Trust me here, but not there is what Darwin is saying. In other words it is very selective. 

Evidently Darwin was telling his friends that he was an agnostic and that he did not think that God had anything to do with it but it was all left to the hands of chance. Is that the way you are reading this?

The answer to find meaning in life is found in putting your faith and trust in Jesus Christ. The Bible is true from cover to cover and can be trusted. The world is not a result of blind chance, but we all were put here for a purpose by God. If you want to investigate the evidence concerning the accuracy of the Bible then I suggest you read Psalms 22 which was written about a thousand years before the crucifixion events it described. Furthermore, when King David wrote those words the practice of stoning was the primary way of executing someone in Israel.

Let me repeat how thrilling it was to receive a letter from you. I really do appreciate you also giving such an extensive interview to Dr. Alan Macfarlane. His interviews are the best I have ever seen on YouTube. I have enjoyed corresponding with him too.

Sincerely,

Everette Hatcher, everettehatcher@gmail.com, http://www.thedailyhatch.org, cell ph 501-920-5733, 13900 cottontail lane, Alexander, AR 72002 United States

XXXXXXX

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XXXXXXXX

There are 3 videos in this series and they have statements by 150 academics and scientists and I hope to respond to all of them. Wikipedia notes Horace Basil Barlow FRS was a British visual neuroscientist.

Barlow was the son of the civil servant Sir Alan Barlow and his wife Lady Nora (née Darwin), and thus the great-grandson of Charles Darwin (see Darwin — Wedgwood family). He earned an M.D. at Harvard University in 1946.

In 1953 Barlow discovered that the frog brain has neurons which fire in response to specific visual stimuli. This was a precursor to the work of Hubel and Wiesel on visual receptive fields in the visual cortex. He has made a long study of visual inhibition, the process whereby a neuron firing in response to one group of retinal cells can inhibit the firing of another neuron; this allows perception of relative contrast.

In 1961 Barlow wrote a seminal article where he asked what the computational aims of the visual system are. He concluded that one of the main aims of visual processing is the reduction of redundancy. While the brightnesses of neighbouring points in images are usually very similar, the retina reduces this redundancy. His work thus was central to the field of statistics of natural scenes that relates the statistics of images of real world scenes to the properties of the nervous system.

Barlow and his co-workers also did substantial work in the field of factorial codes. The goal was to encode images with statistically redundant components or pixels such that the code components are statistically independent. Such codes are hard to find but highly useful for purposes of image classification etc.

Barlow was a fellow of Trinity College, University of Cambridge. He was elected a Fellow of the Royal Society in 1969 and was awarded their Royal Medal in 1993.[1] He received the 1993 Australia Prize for his research into the mechanisms of visual perception and the 2009 Swartz Prize for Theoretical and Computational Neuroscience from the Society for Neuroscience.

________________

His comments can be found on the 3rd video and the 128th clip in this series. Below the videos you will find his words.

50 Renowned Academics Speaking About God (Part 1)

Another 50 Renowned Academics Speaking About God (Part 2)

A Further 50 Renowned Academics Speaking About God (Part 3)

_______________

Interview of Horace Barlow – part 1

Published on Jun 18, 2014

Interviewed and filmed by Alan Macfarlane on 5 March 2012

______________________

Interview of Horace Barlow – part 2

Horace Barlow’s quote taken from interview with Alan Macfarlane:

HAS RELIGION EVER BEEN IMPORTANT TO YOU? IS IT IMPORTANT TO YOU? No, it is not important to me. Saying you don’t believe in God is a very foolish thing to say as it doesn’t explain why so many people talk about it, there has got to be more to it than that; also I think one has to respect what some godly people say and some of the things they do; I wish one could make more sense of it but I don’t think the godly people have done a very good job; I was never baptized or confirmed so have never been a practitioner, and I don’t miss it; DO YOU THINK THAT SCIENCE HAS DIS-PROVEN RELIGION AS DAWKINS ARGUES? I think it [science] provides some hope of acting rationally to handle the social and political problems we have to deal with on a personal level and one a worldwide level. Religion is a way of perpetuating a way of thought that might have otherwise been lost, and I imagine that is fine.   

Dr. Barlow’s only three solid claims in this response to Alan Macfarlane is that science is #1 the best help today with our social problems,(which is in the original clip), #2 Saying you don’t believe in God (position of atheism) is foolish, and #3 we need an explanation for why so many people talk about [God.]

My response to #1 is to look at how the secular humanists have messed up so many things in the past and I include Barlow’s personal family friend Margaret Mead in that. My responses to #2 and #3 were both covered in my earlier response to Roald Hoffmann

(Roald Hoffmann is a Nobel Prize winner who I have had the honor of corresponding with in the past. Pictured below)

Image result for Roald Hoffmann.

(This July 1933 photo shows [left to right] anthropologist Gregory Bateson with Margaret Mead)

Image result for margaret mead husband

Horace Barlow’s words  from interview conducted by Alan Macfarlane:

I don’t ever remember going to Bateson’s house in Granchester as a child; William Bateson’s wife was a friend of my mother’s; when Gregory Bateson was out in Bali he met Margaret Mead; Beatrice Bateson, his mother, felt she was too old to go out and inspect her so she sent my mother instead; she flew off in an Imperial Airlines plane and we saw her off from Hendon; that must have been 1937-8; my mother got on very well with Margaret Mead – she was not altogether convinced by her, but very impressed by her breadth of knowledge and energy; she came and stayed with us many times; I was even more sceptical than my mother and thought she was a very impressive person; Gregory was born 1904 and my mother, in 1886, so there was quite a big age difference between them; I never got on close intellectual terms with Gregory even though we were to some extent interested in the same sort of thing, both in cybernetics and psychology, and his ideas were always interesting; however, my model of a scientist was taken from my mother and not from Gregory; my mother was interested in genetics and the paper for which she was famous was on the reproductive system in plants like cowslips; my mother reasoned like a scientist whereas Gregory was a guru – he liked to think things out for himself; he obviously influenced many others too; I saw him once or twice when I went to Berkeley

Postscript:

I was sad to see that Jon Stewart is stepping down from the DAILY SHOW so I wanted to include one of the best clips I have ever seen on his show and it is a short debate between the brilliant scientists  Edward J. Larson (an evolutionist), William A. Dembski (an Intelligent Design Proponent), and then he threw in a nutball in for laughs,  Ellie Crystal (a metaphysical theorist). Dembski gives several great examples of design and it reminded me of many of the words of Darwin show above in my letter to Horace Barlow.

William Dembski on The Jon Stewart Show

Uploaded on Nov 15, 2010

Wednesday September 14, 2005 – Jon Stewart’s “Evolution, Schmevolution” segment with panelists Edward J. Larson (an evolutionist), William A. Dembski (an Intelligent Design Proponent), and Ellie Crystal (a metaphysical theorist).

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FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 36 Julian Huxley:”God does not in fact exist, but act as if He does!” (Feature on artist Barry McGee)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 35 Robert M. Pirsig (Feature on artist Kerry James Marshall)

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FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 30 Rene Descartes and “How do we know we know?” (Feature on artist Olafur Eliasson)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 29 W.H. Thorpe and “The Search for an Adequate World-View: A Question of Method” (Feature on artist Jeff Koons)

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President Trump nominated Amy Coney Barrett of RHODES COLLEGE in Memphis for Supreme Court!

I grew up and went to EVANGELICAL CHRISTIAN SCHOOL in Memphis and ran some of our track meets at RHODES COLLEGE and I know that campus well and I even was contacted by a official at Rhodes with some recruiting material after a good performance in my sophomore year in my mile run there in 1978. Also during the late 1970’s I helped my friends Byron Tyler and David Rogers in a Christian Rock Saturday morning show on Rhodes’s radio station!!! My brother-in-law graduated from Rhodes but I graduated from University of Memphis in 1982.

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Amy Coney Barrett: A View from Rhodes College

Tim H.

By Tim H.

Tim H.

 | September 23, 202027 COMMENTS

President Trump is going to announce his nomination for the Supreme Court later this week, and all the talk is about Amy Coney Barrett, currently a Notre Dame professor of law and a judge on the Seventh Circuit Court of Appeals. As it happens, Amy was a classmate of mine at Rhodes College, a small (1,400 students at the time) liberal-arts school in Memphis. I didn’t know her well, but she was a friend of other friends, and we were acquainted a bit through being in a club together.

I can tell you a few things about her, though. For one thing, she did not have a wild reputation, so I think that if she’s nominated, the Senate hearings will have to find something else to complain about. She was an English major and served on the Honor Council, a student body that enforced our honor code against lying and cheating (a great feature of academics at Rhodes that allowed us take-home tests in many classes). We were both in Mortar Board, an honor society. She wasn’t a political activist and was never a member of the College Republicans (I was, and we had a much larger membership than the College Democrats).Amy at the homecoming game senior year

Popular, as far as I knew, and by our senior year, she shows up in the yearbook’s candid photos taken around campus.Candid photo in the social room (the ironing board refers to another picture)

I hadn’t thought about her for a long time, until three years ago when friends were pointing out she’d been nominated for the Seventh Circuit, and Sen. Dianne Feinstein grilled her over her religion, proclaiming that “the dogma lives loudly within you.” At the time, I thought that was a rough Senate hearing.

My daughter was a Notre Dame student, and two years ago, I stopped by to visit Amy at her home in South Bend and catch up. She had been listed as being on the president’s shortlist for a Supreme Court seat, and Kavanaugh was going through his own nomination process at that time.L to R: Me, Amy Barrett, and my daughter

My daughter had been treating the accusations against him as probably true by default and took an unconcerned view towards the behavior of the press. Amy knows Kavanaugh, spoke well of him, and described what it was like seeing the press contacting her and digging through rumors about him. That changed my daughter’s opinion of how these things go, she told me. I meant to ask her if she were named to the Supreme Court if she’d be willing to go through all of the hatred and attacks on her reputation that would surely be a part of it. But I can’t remember if I did. I reckon we’ll all find out soon enough, though.

As a footnote, if Amy is confirmed to the court, she would be the second Supreme Court justice to come from Rhodes. Our first was Abe Fortas (class of 1930), who was named by President Johnson in 1965. Fortas resigned in 1969 after a series of ethics scandals, but the college gives out the Abe Fortas Award for Excellence in Legal Studies each year. Quite understandable; we’re a small school, and we should still be proud one of our own was elevated to the Supreme Court. May Amy Barrett bring us more honor.Published in LawTags: SCOTUS; SUPREME COURT; Amy Coney Barrett

Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office 
November 2, 2017
Appointed byDonald Trump
Preceded byJohn Daniel Tinder
Personal details
BornJanuary 28, 1972(age 48)
New OrleansLouisiana, U.S.
Spouse(s)Jesse Barrett
EducationRhodes College (BA)
University of Notre Dame(JD)
Academic background
Academic work
DisciplineJurisprudence
InstitutionsNotre Dame Law School
WebsiteNotre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the ColumbiaCornellVirginiaNotre Dame, and TexasLaw Reviews.[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[15] Barrett has continued to teach seminars as a sitting judge.[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”[24][25][26] The hearing made Barrett popular with religious conservatives,[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. HodgesUnited States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe DonnellyTim Kaine, and Joe Manchin—voting for her.[10] She received her commission two days later.[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[44][45][46] The public charge issue is the subject of a circuit split.[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”[64][65][66][67] She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.[16][68] Trump chose Kavanaugh.[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[70] In the Republican Party, Barrett was favored by social conservatives.[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.[73][74][75][76]

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South BendIndiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.[79][2][81]Barrett is a practicing Catholic.[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[25][10][11] She is a member of the American Law Institute.[87]

Selected publications

See also

References

—-

​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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“Music Monday” THE BEATLES, Breaking down the song DEAR PRUDENCE (Photographer featured is Bill Eppridge)

Mia and Prudence Farrow both joined the Beatles in their trip to India to check out Eastern Religions. Francis Schaeffer noted, ” The younger people and the older ones tried drug taking but then turned to the eastern religions. Both drugs and the eastern religions seek truth inside one’s own head, a negation of reason. The central reason of the popularity of eastern religions in the west is a hope for a nonrational meaning to life and values. The reason the young people turn to eastern religion is simply the fact as we have said and that is that man having moved into the area of nonreason could put anything up there and the heart of the eastern religions  is a denial of reason just exactly as the idealistic drug taking was.”

John Lennon wanted to spend time with Prudence but she seemed to spend almost all of her time meditating. Three of the Beatles gave up on Eastern Religion but George Harrison and Prudence stuck with it. Today we breakdown the song DEAR PRUDENCE and we also will take a closer look at Eastern Religion.

1165) Dear Prudence The Beatles – Song Meaning

Today in History (1968): The Beatles Begin Recording Sessions for ‘Dear Prudence’

1

Exactly 46 years ago, The Beatles started recording what would become one of their most enduring songs. Find out who Prudence was in this “Today in History” installment.

Photo via Culture Unplugged

Having developed interest in Indian faith and culture, all four *Beatles* members and their entourage consisting of their partners, assistants, and reporters traveled to Rishikesh, India in February 1968 to attend a Transcendental Meditation session under Maharishi Mahesh Yogi. Aside from meditating, the band was said to have also composed a number songs which were later on included in future albums and solo projects, among them was “Dear Prudence.”

Photo via DM’s Beatles Forums

“Dear Prudence” was about Prudence Farrow, the younger sister of Hollywood actress Mia. Apart from the Beatles, 60 more participants were reportedly at the camp, including Prudence. Lennon himself had related in an interview that Farrow became too engrossed, almost fanatic, with her meditation that she had decided to lock herself in her house for three weeks.

Dear Prudence is me. Written in India. A song about Mia Farrow’s sister, who seemed to go slightly barmy, meditating too long, and couldn’t come out of the little hut that we were livin’ in. They selected me and George to try and bring her out because she would trust us. If she’d been in the West, they would have put her away.

We got her out of the house. She’d been locked in for three weeks and wouldn’t come out, trying to reach God quicker than anybody else. That was the competition in Maharishi’s camp: who was going to get cosmic first. What I didn’t know was I was already cosmic. [Laughs.] – John Lennon on “All We Are Saying” by David Sheff (via)

The younger Farrow was flattered by this, saying, “It was a beautiful thing to have done.” “Dear Prudence” was recorded (sans Ringo Starr, who had by then temporarily left following arguments and tensions within the band) during a three-day session at the Trident Studios in London beginning on August 28. Credited under Lennon-McCartney, the song was released in November the same year as part of the “White Album”.

The Beatles- Dear Prudence

All information in this article were sourced from Beatles Bible (1, 2) and Wikipedia (1, 2).

Like this article? Check out the Icons in Focus and Today in History series in the Lomography magazine!

__________

Ravi Zacharias’ Testimony

The Beatles in Rishikesh

•June 5, 2011 • Leave a Comment

Artemis

•May 21, 2011

SONG OF THE DAY: THE BEATLES “DEAR PRUDENCE”

The perfect song for the summer solstice “Dear Prudence” appeared on the album The Beatles which is more commonly known as The White Album and was released in 1968. The song was primarily written by John Lennon about Mia Farrow’s sister Prudence who traveled to India withThe Beatles to study with Maharishi Mahesh Yogi. Rather than hang out with everyone after their lessons Prudence stayed inside to meditate. John wanted her to come out and play.

This song is one of my all-time favorite Beatles’ songs which means it is one of my all time favorite songs. I immediately think of summer when I hear this! The Jerry Garcia Band and Siouxsie and The Banshees both did nice covers of “Dear Prudence” but the original is perfection.

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Here is a good review of the episode 016 HSWTL The Age of Non-Reason of HOW SHOULD WE THEN LIVE?, December 23, 2007:

Together with the advent of the “drug Age” was the increased interest in the West in  the religious experience of Hinduism and Buddhism. Schaeffer tells us that: “This grasping for a nonrational meaning to life and values is the central reason that these Eastern religions are so popular in the West today.”  Drugs and Eastern religions came like a flood into the Western world.  They became the way that people chose to find meaning and values in life.  By themselves or together, drugs and Eastern religion became the way that people searched inside themselves for ultimate truth.

Along with drugs and Eastern religions there has been a remarkable increase “of the occult appearing as an upper-story hope.”  As modern man searches for answers it “many moderns would rather have demons than be left with the idea that everything in the universe is only one big machine.”  For many people having the “occult in the upper story of nonreason in the hope of having meaning” is better than leaving the upper story of nonreason empty. For them horror or the macabre are more acceptable than the idea that they are just a machine.

Francis Schaeffer in his book HOW SHOULD WE THEN LIVE? gives us some insight into a possible answer to that question:

The younger people and the older ones tried drug taking but then turned to the eastern religions. Both drugs and the eastern religions seek truth inside one’s own head, a negation of reason. The central reason of the popularity of eastern religions in the west is a hope for a nonrational meaning to life and values. The reason the young people turn to eastern religion is simply the fact as we have said and that is that man having moved into the area of nonreason could put anything up there and the heart of the eastern religions  is a denial of reason just exactly as the idealistic drug taking was. So the turning to the eastern religions today fits exactly into the modern existential  methodology, the existential thinking of modern man, of trying to find some optimistic hope in the area of nonreason when he has given up hope on a humanistic basis of finding any kind of unifying answer to life, any meaning to life in the answer of reason. 

An article calledHoly Wars” was based on Francis Schaeffer’s writings primarily and it noted:

Then came the Beatles. John Lennon had declared that his group was more popular than Jesus. But they weren’t willing to stop there. They sought to supplant the true God with everything false. After the rock icons returned from India they brought with them not only the music of the Hindu guru Ravi Shankar, but also his religion as taught by the Maharishi Mahesh Yogi. They were so impressed with that guru’s Transcendental Meditation woo woo that they just had to convert the whole Western World to it. The counterculturalists took it all in, hook line and sinker.

Francis Schaeffer has correctly argued:

The universe was created by an infinite personal God and He brought it into existence by spoken word and made man in His own image. When man tries to reduce [philosophically in a materialistic point of view] himself to less than this [less than being made in the image of God] he will always fail and he will always be willing to make these impossible leaps into the area of nonreason even though they don’t give an answer simply because that isn’t what he is. He himself testifies that this infinite personal God, the God of the Old and New Testament is there. 

Instead of making a leap into the area of nonreason the better choice would be to investigate the claims that the Bible is a historically accurate book and that God created the universe and reached out to humankind with the Bible. Below is a piece of that evidence given by Francis Schaeffer concerning the accuracy of the Bible.

Below is a piece of that evidence given by Francis Schaeffer concerning the accuracy of the Bible.

TRUTH AND HISTORY (chapter 5 of WHATEVER HAPPENED TO THE HUMAN RACE?, under footnote #96)

Now we should Now we should turn to one of the most spectacular of modern archaeological discoveries, Ebla. While digging on an extensive mound forty-four miles south of Aleppo in Syria in 1974/75, an Italian archaeological expedition came across another of the vast libraries to which we referred earlier. A small room within the palace suddenly yielded up a thousand tablets and fragments, while another not far away a further fourteen thousand. There lay row upon row, just where they had fallen from the burning wooden shelves when the palace was destroyed about 2250 B.C.

What secrets did these tablets reveal? Without wishing to seem unnecessarily repetitive, we can say immediately that Ebla represents yet another discovery from the ancient past which does not make it harder for us to believe the Bible, but quite the opposite. And remember, these tablets date from well before the time of Abraham. The implications of this discovery will not be exhausted by even the turn of this century. The translation and publication of such a vast number of tablets will take years and years. It is important to understand that the information we now have from Ebla does not bear directly upon the Bible. As far as has been discovered, there is no certain reference to individuals mentioned in the Bible, though many names are similar, for example, Ishmael, Israel, and so forth. Biblical place names like Megiddo, Hazor, Lachish are also referred to. What is clear, however, is that certain individuals outside the Bible who previously had been considered fictitious by the critical scholars, simply because of their antiquity, are now quite definitely historic characters.

For example, the Assyrian King Tudiya (approximately 2500 B.C.) had already been known from the Assyrian king list composed about 1000 B.C. His name appeared at the head of the list, but his reality was dismissed by many scholars as “free invention, or a corruption.”  In fact, he was very much a real king of Ebla. Thus, the genealogical tradition of the earlier parts of the Assyrian king list has been vindicated. It preserves faithfully, over a period of 1,500 years, the memory of real, early people who were Assyrian rulers. What we must learn from this is that when we find similar material in the Old Testament, such as the genealogical list in Genesis 7 or the patriarchal stories, we should be careful not to reject them out of hand, as the scholars have so often done. We must remember that these ancient cultures were just as capable of recording their histories as we are.

The most important aspect of the Ebla discoveries is undoubtedly their language. This has been found to be ancient West-Semitic language to which such languages as Hebrew, Canaanite, Ugaritic, Aramaic, and Moabite are related. Thus we have now, for the first time, the whole “tradition” of West-Semitic language stretching over 2,500 years–something which was previously true only of Egyptian and Akkadian, to which Babylonian and Assyrian belong.

Up until quite recently, therefore, this meant that scholars could argue that many words which appeared in the Hebrew Old Testament were what they called “late.” What they meant by this was that these words indicated a much later authorship than the time stated by the text itself. It would be as if one of us pretended to write a sixteenth-century  book using such modern words as AUTOMOBILE and COMPUTER. In the case of the Pentateuch, for example, this was one of the arguments which led some scholars to suggest that it was not Moses who wrote these books, as the Bible says, but anonymous scribes from approximately 1,000 years later. The discoveries at Ebla have shown that many of these words were not late, but very early. Here is yet another example of a claimed “scientific” approach that merely reflects the philosophical prejudices of the scholars involved.

The Bible and Archaeology – Is the Bible from God? (Kyle Butt 42 min)

 
Archaeology Confirms The Biblical Account

        Oftentimes people are not told about the archaeological discoveries that document the truths written in the Bible. We are told that science and the Bible disagree. But as is really the case: True science and the Bible do not contradict each other. We supply many short articles which show that archaeology confirms God’s Written Word, The Bible.

        The below articles are excerpted from various Archaeological trade journals and publications including Light on Archaeology magazine, and Associates for Biblical Research.

Archaeology: The study of human antiquities – usually as
discovered by excavation.  (Chambers English Dictionary)

Below we supply articles from the Associates for Biblical Research and Light on Archaeology to point the reader to the wealth of information that has literally been unearthed by the spades of patient, dedicated people which helps to confirm the historical accuracy of the Bible – God’s Word. Many sights exist in the lands mentioned in the Bible where artifacts of many kinds reveal the life and customs of the people who lived there many centuries earlier.

The Bible has been ridiculed and dismissed in recent times as inaccurate and unreliable. However, students of Biblical Archaeology have found that as the science of archaeology becomes more sophisticated, much more evidence is coming to light regularly that says just the opposite! Finds have been made that show us how historically accurate God’s Word really is.

For those of us who have been privileged to visit Israel – God’s Land, it is thrilling to look down and examine the shaft that Joab climbed up to take the city of Jebus (later Jerusalem) for King David.[2 Sam 5.7-9 : 1 Chron 11.5-7] It is exciting to wade through King Hezekiah’s tunnel, from the spring of Gihon to the pool of Siloam (Silwan). [2 Kings 20.20] It is fascinating to examine the actual scrolls found at Qumram by the Dead Sea and to walk around the Citadel of Jerusalem; the remains of Herod’s fortress palace where Christ was paraded, mocked and then condemned by Pilate.[ Luke 23.1-25] All of these places give us visible evidence of the accuracy of the Biblical record.

The following series of articles are only a small sample of the information available, but, hopefully, the object will be achieved to direct the reader to further studies of the deeper truths revealed in the Bible.

So with your Bible in hand, you are invited to examine the evidence to see whether the work of the archaeologist confirms or denies God’s Word.

NOTE:  We supply the below articles with the gracious permission of Bible Archeology.  They also provide a free magazine as well, the address for signing up for that is supplied at the end of this study.

TEL MARDIKH: Have you heard of the Empire of Ebla? It is not surprising if you have not – for modern history text books make no references to this kingdom, which existed from approximately 2,300 B.C. to 1,700 B.C.

In fact, only students of ancient Middle East history are likely to have come across the name of Ebla, and even then, only in passing – not realizing the extent and power of this empire which stretched around the shores of the eastern Mediterranean for nearly 600 years. Now the re-writing of our history books will again be necessary to fill the gaps in our knowledge of the past; for there has been a remarkable archaeological discovery in Syria between Aleppo and Damascus, on the site of Tel Mardikh.

On this site of a 4,000 year old fortification, perhaps the most remarkable ‘find’ of the century has been uncovered – 18,000 fired clay and rock tablets relating to the economy, administration and international dealings of this once great empire of Ebla.

Popular history of the third millennium B.C. is taught with little regard for the Biblical account of the customs, manners, social behavior and level of education of the people of this period.

Now for the first time it appears that there exists a record contemporary with the Biblical account of the times, and so different is the picture it reveals from that of accepted historical suppositions, that the linguist in charge of the tablets, Dr Pettinato, has claimed that this discovery calls for a fundamental revision of third millennium B.C. culture and history.

The tablets were discovered in some out-buildings of a palace situated within the vast fortifications around the top of the tel. Many of the buildings, due to their solid roofs of some two feet in thickness, are intact and free of debris. Most of the walls are plastered a gray-green color, with murals in good condition. The two rooms in which the tablets were discovered had been shelved with wood but, due to time and the weight of the tablets, this shelving had collapsed with some breakages; but the tablets, many containing 3,000 lines of cuneiform writing, are in readable condition.

The tablets tell of an ’empire’ and names many areas under the control of Ebla, such as Sinai, Assyria, Lebanon, Cyprus, Carchemish, Lachish, Gaza, Hazor and others. Bible students will readily recognize that many of these names appear in the Old Testament record and it is interesting to note that of the three languages of the tablets, an hitherto unknown tongue, closely resembling Hebrew is prevalent and many common names recorded by the people of Ebla are easily recognizable to Bible readers.

  • AB-RA-MU – (ABRAM)
  • E-SA-UM – (ESAU)
  • IS-MA-EL – (ISHMAEL)
  • IS-RA-EL – (ISRAEL)
  • MI-KA-EL – (MICHAEL)
  • MI-KA-YAH – (MICAIAH)
  • YE-RU-SA-LU-UM – (JERUSALEM)

Further, many common Ebla words are the same as Hebrew, such as ‘and’ (WA), ‘perfect’ (TAMMIN), ‘fall’ (NAPAL) and ‘good’ (TOB).

But perhaps most interesting of all are the quite extensive descriptions of the Creation and of the Flood, so often derided by modern historians.

The tablets are being translated and published and their contents will be invaluable in enlarging our understanding of the world of 2,000 BC; for they reveal a sophisticated system of international and civil law, including treaties of trade between Ebla and her neighbors within the framework of political agreements. These have been likened to the present-day Treaty of Rome between the EC members.

In addition, long lists of zoological, geographic and mathematical material have been found and there are weather forecasts in some meteorological texts. Records were made of visiting Mesopotamian scribes and mathematicians.

Proverbs and literary works are also preserved, including a set of bilingual tablets for the purpose of teaching translation, besides thousands of matching words. There seems no doubt that the tablets of Tel Mardikh contain the worlds oldest vocabulary lists – a source of no little consternation to students of ancient languages; for it is widely held that Biblical Hebrew is an evolved language, used during the first millennium BC Isaiah, the Hebrew prophet however, had indicated that his language was ‘the language of Canaan’, [Isaiah 19v18] and the Tel Mardikh tablets now support the Biblical reference – Hebrew has now to be recognized as one of the world’s oldest languages (and perhaps the language spoken by Noah, Canaan being the grandson of Noah through Ham). [ Genesis 10v6]

Interesting for Bible students is the fact that the Bible records that Abram, together with his father Terah, left the city of Ur in southern Mesopotamia to go into Canaan. They traveled as far as Haran and dwelt there. [Genesis 11v31,32] Haran was some 300 miles north east from the site at Tell Mardikh and appears to be named after Haran, Abram’s brother. [ Genesis 11v27 ] On his journey to Canaan, Abram in all probability, passed through Tel Mardikh, the then centre of trade and commerce, and of course, the language of Abram would be that of Ebla and of Canaan.

The other two languages written in cuneiform and discovered at Tel Mardikh are Sumerian and Akkadian. It had previously been assumed that the earliest cuneiform languages, were these two languages, developed in east and south Mesopotamia and the possibility that Syrian and Canaanite communications existed in cuneiform had been ruled out (with the exception of Ugaritic texts). But the Tel Mardikh tablets now reveal Sumerian scripts pre-dating those found in eastern Mesopotamia – throwing accepted theories of language origins to the winds. The Akkadian scripts found at Tel Mardikh refer mainly to the later period of the history of Ebla. One of the deities worshipped at Mardikh was Marduk or the Merodak of the Bible. It appears to be basically the same name as Nimrod, the ‘mighty hunter before the Lord’ mentioned in Genesis 10v9 Nimrod, who founded the city of Babel, appears to have been deified and the cult continued long after Ebla had ceased. The main consonants of Nimrod are M R D, hence:

  • N i M R o D
  • M a R D ikh
  • M e R o D ak

Tel Mardikh was then the place of worship for Mardikh.

The finds of Tel Mardikh and the Empire of Ebla, so far have only revealed confirmation of the scriptural narrative.

From Hinduism to Christianity

Article ID: DH121 | By: Dr. Mahendra P. Singhal

Growing up in an orthodox Hindu home is to enjoy limited freedoms — spiritually speaking. It was more than true in my case. I was raised in a rigidly structured and despotically ruled Hindu home with well-preserved traditions, well developed customs, and well-formulated expectations, along with, of course, a great deal of love, understanding, and exhortation. In spite of all the outward appearances of “peace” in our home, I used to sense tension and dissatisfaction with situations as they used to erupt from time to time. Each new episode was a note of despair in the chorus of our miserable lives. Each chord echoed with an air of helplessness which used to permeate every phase of our lives in our simple home. I distinctly remember being told, over and over again, that all our unhappiness was because of our karma coupled with the wrath of the gods against our family. I could not understand what we had done to deserve this and what could be done to change it, and my father would not allow me to speak of it. We went through the usual visits to the temples of various gods on set days in the year. I remember walking, sometimes riding a tonga (horse-driven vehicle), a long way to reach a particular temple of Shiva, one of the three primary Hindu gods. The idol of Shiva was frightening to behold. He was shown sitting on top of the world, holding human skulls in his hands, with water running from his hair and his eyes staring at you with a dreadful message: Worship me or you will be destroyed. The idol, decked with flowers, was always smeared with oil and red color. The total effect was to create a feeling of foreboding and fear. You came away from the temple fearing what the future might hold and wishing, without any substantive hope, that all will be well and that he — Shiva — would be content with you. I was never comfortable in the temple. The picture of Shiva used to haunt me for days after the pilgrimage. There was another god who was worshipped once a year in our home.

This was Ganesha, the god with the head of an elephant and the body of a man. This god is supposed to be extremely beneficial. A son of Shiva, he is reverenced for averting dangers. We used to buy a new clay model of the god each year, and worship him on the appointed day, according to the family’s traditions. It was on one of Ganesha’s celebrations that I became very disturbed about our gods and our obeisance to them. I distinctly recall the occasion. Sweets had been offered to Ganesha. We had been asked to close our eyes and pray for his blessings upon the home. I do not know why but I could not close my eyes. I was horrified to see a small mouse descend upon the offerings which had been placed before the god and Ganesha was unable to control this tiny creature. “If he cannot protect himself,” I said to myself, “how can he protect this house?” I lost faith in that god on that day; and I believe that my journey to discover the true God began at that event. Two events occurred in rapid succession soon after that experience. One, my father insisted on my receiving training in the Hindu scriptures, especially the Bhagavad Gita, the Vedas, and the others. Secondly, an ad in the local newspaper about a Bible correspondence course led me to begin a study of the Bible. The Vedas and the other books were interesting, but they were decidedly speculative. There were no definite answers.

The Bible, on the other hand, pointed to definite answers. God loves people. God made His love known to people, of His own initiative, when He sent Jesus Christ to the world. A God pleading for me was a mind-boggling mystery. While I was struggling to understand religions and religious ideas, my school work was moving, as it were, along regular channels. After receiving my masters degrees in mathematics and education, I was hired to teach in a Christian boarding school in Mussoorie, India. The school was run by Christian missionary societies to propagate Christian truths to the students who were not necessarily Christians. People attended this school because of its emphasis on academic excellence and because the medium of instruction was English. Proper language was taught, encouraged, and developed. The school needed a mathematics instructor, and the principal, an Australian missionary, was, as he later told me, led to offer me the position in spite of the fact that I was not a Christian. He (and I am grateful for his willingness to listen to the Lord) responded to the leading of the Lord not only in hiring me to teach in that school, but also in witnessing to me — in words, in his separated living, and in his priorities. One of the staff at the school mentioned the sacrificial death of Jesus Christ on the cross to me. “He died,” he stated, “for man to be free from his bondage to sin and to enjoy victorious life forever.” That sounded wonderfully peaceful and achievable, but I dismissed the witness, because, in my opinion, it was too simple. There has to be much more to life than just simple faith in Christ’s death on the cross.

I had been trained to believe, in the words of the Upanishads: “He truly knows Brahman who knows him as beyond knowledge; he who thinks that he knows, knows not.” I had been led to believe in searching for answers, and I had been taught that such a search could take many, many lives. Sages had attempted to discover the truth and the reality of Brahman for centuries, but without any success. I was under the conviction that real truth is found within oneself. God and man are essentially one. Separation comes from being born in this illusory world which catches man in its embrace and entices him away from finding the true meaning of life and existence. Deliverance is impossible unless one renounces the allurements of this world. I had been trained to believe that God is unknowable, and therefore, beyond the reach of man. And here was Jesus Christ, hanging on the cross, bleeding to death at the hands of Roman soldiers, declaring his forgiveness for their crass brutalities — God searching for man and not man looking for God within himself. There was another dimension to my dilemma. Coming from the family I did, my acceptance of Jesus Christ would make my parents lose their social respect and position in the whole community. My brothers and sister would suffer disgrace. That, too, was unthinkable. Even though I was working away from home in a different environment, I did not really feel free to make my own decisions. I tried to talk to some of the missionaries about my predicaments. They could not understand the heavy cultural factors.

They felt that one should simply make a decision to follow Jesus Christ and that is all that really matters. Some missionaries were totally ignorant of Hindu traditions and the social implications which they impose on people. They dismissed my arguments as inconsequential. I was not ready to buy the argument that we live, and therefore die, only for ourselves, by ourselves. The endless debate would have continued, I am sure, if I had not met Major Ian Thomas of the Torchbearers of England, who was holding meetings in a church in Mussoorie. He took the time to listen to my hesitations, my arguments, and my analysis. He, with great sensitivity and keen insight, explained the claims of Jesus Christ on my life. “Jesus Christ,” he explained, “will enable you to solve your dilemmas after you accept Him. He will be on your side.” Major Thomas did not lead me to the final surrender but he prepared me for the final outcome. I knew, after spending almost five hours with him, what I had to do. There was no denying the fact that Christ had been calling me to accept Him as my personal Savior and to follow Him — irrespective of the cost. The call was extremely personal and urgent. I mused about the possibilities for a few more days.

However, I could not get rid of pressures which were continuing to increase. I could sense that a decision had to be made. I turned to Jesus Christ on July 16, 1963 at 2:00 a.m. in my bedroom — all by myself. He became my Savior. Praise His wonderful name!! I had not counted on the cost which was to be paid for the decision, however. I expected rejection and humiliation from my friends and relatives. I even expected some mockery from some of them, but I was not ready for what came my way after my conversion: my own family disowned me. I was no longer a part of the biological family in which I had been born. My friends shunned me. They began to avoid me as if I had contracted some dreadful contagious disease. With all the pains and burdens, with all the loneliness, and with all the struggles, I am nonetheless determined to follow the Lord. He is my answer, my salvation, my friend. As Major Thomas assured me, He has never failed me; He has always been there — to help, to direct. I am not following an idea, a creed, or a philosophy; I am not searching for an inner revelation; I am not working for a final deliverance. No, I am following Jesus Christ, who is the final revelation, the total deliverance.

Dr. Singhal is the chairman of Hinduism International Ministries, Post Office Box 602, Zion, IL 60099-060

September 19, 2011

By Elvis Costello

My absolute favorite albums are Rubber Soul and Revolver. On both records you can hear references to other music — R&B, Dylan, psychedelia — but it’s not done in a way that is obvious or dates the records. When you picked up Revolver, you knew it was something different. Heck, they are wearing sunglasses indoors in the picture on the back of the cover and not even looking at the camera . . . and the music was so strange and yet so vivid. If I had to pick a favorite song from those albums, it would be “And Your Bird Can Sing” . . . no, “Girl” . . . no, “For No One” . . . and so on, and so on. . . .

Their breakup album, Let It Be, contains songs both gorgeous and jagged. I suppose ambition and human frailty creeps into every group, but they delivered some incredible performances. I remember going to Leicester Square and seeing the film of Let It Be in 1970. I left with a melancholy feeling.

The Beatles I’ve Got A Feeling

64

‘I’ve Got a Feeling’

the beatles 100 greatest songs
K & K Ulf Kruger OHG/Redferns

Writers: McCartney-Lennon
Recorded: January 22-24, 27 and 28, February 5, 1969
Released: May 18, 1970
Not released as a single

“I’ve Got a Feeling” was Lennon and McCartney’s last great moment as a songwriting team, and the final major Beatles song that sounded like a true collaboration. Both contributed fragments that fit together perfectly: The song’s body (“I’ve got a feeling/A feeling deep inside”) is sung by McCartney, but Lennon takes over for the “Everybody had a hard year” section, which came out of a song he had written a few months earlier.

It had been a hard year for the Beatles; they were falling apart as a band and as a business concern. But during their rooftop performance of “I’ve Got a Feeling” — filmed for the Let It Be movie, just days after they had recorded the song — you can hear their excitement as they move into the future. Lennon and McCartney sing about their newfound relationships, as they entered the next phase of their lives with Yoko Ono and Linda Eastman. Yet you can also hear a trace of remorse, as if they already understood that from now on, these longtime friends and bandmates would be leading separate lives.

Appears On: Let It Be

63

‘Dear Prudence’

the beatles 100 greatest songs
Keystone Features/Hulton Archive/Getty Images

Main Writer: Lennon
Recorded: August 28-30, 1968
Released: November 25, 1968
Not released as a single

When the Beatles arrived in India to study with Maharishi Mahesh Yogi, the actress Mia Farrow and her 20-year-old sister, Prudence, were already there. Prudence got so deeply into meditation that she refused to come out of her hut. “We saw her twice in the two weeks I was there,” Starr recalled. “Everyone would be banging on the door: ‘Are you still alive?'” As Lennon put it, Prudence “was trying to reach God quicker than anybody else. That was the competition in Maharishi’s camp: Who was going to get cosmic first?”

Lennon turned the incident into “Dear Prudence,” which he wrote in India on acoustic guitar, as a gentle invitation to “come out to play.” With its fingerpicking folk-guitar style — taught to Lennon by Donovan, who spent time with the Beatles in Rishikesh — and wistful nursery-rhyme lyrics, the song became one of the band’s most poignant evocations of childhood. It was recorded after Starr had stormed out of the studio and briefly quit the band, so McCartney plays drums on it, as well as bass, piano and flügelhorn.

Appears On: The Beatles

Who Is God? | Ravi Zacharias

What Is Hinduism?

Article ID: DH122 | By: Dean C. Halverson and Natun Bhattacharya

Of the 760-800 million Hindus in the world, approximately one million reside in the United States. In Part Two of this article, we will offer specific pointers on witnessing to Hindus. But first it is important for readers to have some understanding of the historical and philosophical background of Hinduism, and that is what this installment will provide.

The origins of Hinduism can be traced back to the polytheistic and ritualistic religions that began around 1500 B.C. in India’s Indus Valley. At first, the rituals were so simple that fathers could perform them. As the centuries passed, however, they became increasingly complex. This made it necessary to create a class of priests specially trained to perform the intricate rituals correctly, because the consequences for incorrectly performing a ritual were considered costly. During this time, the Hindu scriptures known as the Vedas were written to instruct the priests in how to conduct the rituals.

Because of how exclusive the priests became in appeasing the gods, they gained a power over the people that became unbearable. Around 600 B.C., the people revolted, and the form of Hinduism that emerged was more mystically oriented, focusing on the individual rather than the priest.

Between 800 and 300 B.C. the Upanishads were written. They expound on the idea that behind the many gods stands one Reality, called Brahman — an impersonal, monistic (“all is one”) force. The highest form of Brahman is nirguna (“without attributes or qualities”).

The Hindu concept of God continued to develop even after the Upanishads were written. Nirguna Brahman became saguna Brahman, which is Brahman “with attributes,” and is calledIshvara.

According to Hindu tradition, Ishvara became known to humanity through the Trimurti (“three manifestations”) of Brahman. Those manifestations include Brahma (the Creator), Vishnu (the Preserver), and Shiva (the Destroyer). Ishvara became personified even further through the ten mythical incarnations, or avatars, of Vishnu in the forms of both animals and persons. Beyond the principal deities of the Trimurti, it is estimated that there are 330 million other gods in Hinduism (Halverson, 87-89).

Hinduism is amazing in its diversity and in its ability to absorb such a diversity into one belief system. Such diversity can cause interesting situations, such as when that religion is transported to another country like the United States. For example, it was reported in Hinduism Today, “In Nashville, Hindus building a temple sent out a ballot to decide which would be the central Deity, since there [were] worshipers of Kali, Krishna and Shiva in their area. It was democratically voted to choose Lord Ganesha” (Melwani).

One of the ways in which Hinduism is divided is according to their varied views on how the universe is related to ultimate reality (Brahman). The nondualists (advaita) see Brahman alone as being real and the world as illusory (maya). The qualified nondualists (vishishtadvaita) affirm the reality of both Brahman and the universe in that the universe is extended from the Being of Brahman. And the dualists (dvaita) see Brahman and the universe as being two distinct realities.

While Hinduism is certainly diverse, most Hindus hold to the following beliefs:

  1. The Impersonal Nature of Brahman. Hindus see ultimate reality, Brahman, as being an impersonal oneness that is beyond all distinctions, including personal and moral distinctions.
  2. The Brahman-Atman Unity. Hindus believe they are, in their true selves (atman), extended from, and one with, Brahman. Just as the air inside an open jar is identical to the air surrounding that jar, so our essence is identical to that of the essence of Brahman.
  3. The Problem Is Ignorance. Humanity’s primary problem is that we are ignorant of our divine nature. We have forgotten that we are extended from Brahman, and we have mistakenly attached ourselves to the desires of our separate selves, or egos, and thereby to the consequences of their resultant actions as determined by the law of karma (cause and effect).
  4. Samsara (Reincarnation). Samsara refers to the ever-revolving wheel of life, death, and rebirth. Through the law of karma we are reaping in this lifetime the consequences of the actions we committed in previous lifetimes. A person’s karma determines the kind of body — ranging from human to insect — into which he or she will be reincarnated in the next lifetime.
  5. Moksha (Liberation). The solution to the problem of attachment and karma is moksha — to be liberated from the wheel of life, death, and rebirth. This can only occur when we truly realize that our separate self is actually an illusion and that only the undifferentiated oneness of Brahman is real. We must therefore strive to detach ourselves from the desires and actions of our ego in order to attain true enlightenment.

Dean C. Halverson is world religions specialist for International Students, Inc., and Natun Bhattacharya, a former Hindu, is the director of support and development for international trainers with Mission Training International.

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The Beatles in India TG7 1967 3a parte

Need God? What If I Don’t? | Ravi Zacharias

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Bill Eppridge is the Photographer featured today

Lost Beatles photographs found

(c) 2014 Adrienne Aurichio

This piece by Adrienne Aurichio is part of a series of essays to mark the 50th anniversary of the Beatles’ first American television appearance on CBS’s “The Ed Sullivan Show.” It culminates with CBS News, 50 Years Later…The Beatles at The Ed Sullivan Theater: Presented by Motown The Musical, a live, interactive multimedia event at The Ed Sullivan Theater on Feb. 9. 

Epperidge_Aurichio_Beatles_cover.jpg
“The Beatles: Six Days That Changed the World,” written by Bill Eppridge, edited by Adrienne Aurichio and Daniel Melamud
RIZZOLI
Bill Eppridge believed that a good photojournalist had a certain amount of luck when it came to being in the right place at the right time. He certainly was in the right place on the morning of February 7, 1964. Bill, just 26, was in the Life magazine office early that day when Director of Photography Dick Pollard needed someone to be at JFK Airport to photograph the arrival of a British rock group known as The Beatles.

Not only was Bill there when they stepped off the plane, but he also followed the group for the next six days.  Strangely, all 90 rolls of film, with more than 3000 images went missing for years. They resurfaced around the same time that The Beatles were breaking up and Life, the great weekly news magazine, was ending as well.  This is the backstory:I had known Bill for more than seven years before discovering that he had photographed The Beatles on that first visit to the United States in 1964. While researching photographs for a magazine project in 1993, I came across an old Beatles black-and-white print with Bill’s photo credit on the back – “Bill Eppridge/Life Magazine.” The print had come from the Time Life picture collection. I thought there might be more.

I phoned Bill to ask about the photograph. He was very nonchalant – it was no big deal. I, on the other hand, still remembered watching the Ed Sullivan show on a Sunday night in 1964 and hearing the screaming audience as the Beatles played “She Loves You.” The Beatles made an impression on me even though I was only nine.

Bill told me how he had turned in his film to the Time Life lab after spending those six days with The Beatles, traveling from New York to Washington, D.C., and back. He made pictures as they happened, never staging anything.

Beatles-Plaza-Hotel-resized.jpg
The Beatles at the Plaza Hotel in New York, Feb. 7, 1964.
BILL EPPRIDGE
 Life only published four of his photographs. Soon after, Bill was assigned to the Chicago bureau. Constantly traveling, he never had time to see the contact sheets from those six days. A few months later, when he finally asked, the film could not be located. No one at the magazine or the photo lab seemed to know where it was.
Smoking-with-Ed-Sullivan-resized.jpg
The Beatles with Ed Sullivan, Feb. 8, 1964, New York City. This photograph was made by Bill Eppridge on late Saturday afternoon, shortly after George Harrison arrived at Studio 50. Harrison was not there earlier due to his sore throat from the night before.
BILL EPPRIDGE
Seven or eight years later, the film finally turned up on his desk with an anonymous note. There was no explanation as to where it had been all those years.
John-Paul-Ringo_CentralPark_resized.jpg
Photographer Eddie Adams shoots John Lennon, Paul McCartney, and Ringo Starr at the Central Park photo op with the Beatles, Feb. 8, 1964, New York City.
BILL EPPRIDGE
By then The Beatles were no longer together as a group. Life ceased publication in December 1972,  a short time after the missing photographs mysteriously reappeared. Bill never solved the mystery. He added a note to his acknowledgements page of our new book published in February 2014 with the hope that someone might finally come forward and unravel the mystery. Anybody?
Beatles-WMCA-radio-resized.jpg
Beatles press reception at the Plaza Hotel in New York, Feb. 10, 1964. The Beatles pose with the WMCA Good Guys, radio DJ’s.
BILL EPPRIDGE
Beatles-Cronkite-daughters-resized.jpg
Nancy (left) and Kathy Cronkite, daughters of CBS News anchor Walter Cronkite, meet Paul McCartney and Ringo Starr backstage at a rehearsal for the Ed Sullivan show, Feb. 8, 1964.
BILL EPPRIDGE
Beatles-on-train-resized.jpg
The Beatles ride the train from New York to Washington, D.C. on Feb. 11, 1964.
BILL EPPRIDGE

Adrienne Aurichio is co-editor of “The Beatles: Six Days That Changed the World” (Rizzoli),  which features the best of Bill Eppridge’s photographs from February 7 – 12, 1964.   In his acknowledgments, Mr. Eppridge wrote, “I owe so much to my wife and editor, Adrienne Aurichio, who spent weeks going through the three thousand images on ninety rolls of film to piece together my story.  I relied on her vision and experience as an editor to research and unravel the photographs, and then pull them together in chronological order.”  Mr. Eppridge died October 3, 2013.  A successful photojournalist his entire career, he is perhaps best known for his photograph of the dying Robert F. Kennedy, taken June 6, 1968.

__________

Image result for sergent peppers album cover

Francis Schaeffer’s favorite album was SGT. PEPPER”S and he said of the album “Sergeant Pepper’s Lonely Hearts Club Band…for a time it became the rallying cry for young people throughout the world. It expressed the essence of their lives, thoughts and their feelings.”  (at the 14 minute point in episode 7 of HOW SHOULD WE THEN LIVE? ) 

Image result for francis schaeffer how should we then live

How Should We Then Live – Episode Seven – 07 – Portuguese Subtitles

Francis Schaeffer

Image result for francis schaeffer

______

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 202 the BEATLES’ last song FREE AS A BIRD (Featured artist is Susan Weil )

February 15, 2018 – 1:45 am

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 200 George Harrison song HERE ME LORD (Featured artist is Karl Schmidt-Rottluff )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 184 the BEATLES’ song REAL LOVE (Featured artist is David Hammonds )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 170 George Harrison and his song MY SWEET LORD (Featured artist is Bruce Herman )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 168 George Harrison’s song AWAITING ON YOU ALL Part B (Featured artist is Michelle Mackey )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 167 George Harrison’s song AWAITING ON YOU Part A (Artist featured is Paul Martin)

RESPONDING TO HARRY KROTO’S BRILLIANT RENOWNED ACADEMICS!! Part 133 Louise Antony is UMass, Phil Dept, “Atheists if they commit themselves to justice, peace and the relief of suffering can only be doing so out of love for the good. Atheist have the opportunity to practice perfect piety”

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 166 George Harrison’s song ART OF DYING (Featured artist is Joel Sheesley )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 165 George Harrison’s view that many roads lead to Heaven (Featured artist is Tim Lowly)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 164 THE BEATLES Edgar Allan Poe (Featured artist is Christopher Wool)

PART 163 BEATLES Breaking down the song LONG AND WINDING ROAD (Featured artist is Charles Lutyens )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 162 A look at the BEATLES Breaking down the song ALL WE NEED IS LOVE Part C (Featured artist is Grace Slick)

PART 161 A look at the BEATLES Breaking down the song ALL WE NEED IS LOVE Part B (Featured artist is Francis Hoyland )

 

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE PART 160 A look at the BEATLES Breaking down the song ALL WE NEED IS LOVE Part A (Featured artist is Shirazeh Houshiary)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 159 BEATLES, Soccer player Albert Stubbins made it on SGT. PEP’S because he was sport hero (Artist featured is Richard Land)

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 158 THE BEATLES (breaking down the song WHY DON’T WE DO IT IN THE ROAD?) Photographer Bob Gomel featured today!

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 118 THE BEATLES (Why was Tony Curtis on cover of SGT PEP?) (Feature on artist Jeffrey Gibson )

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 117 THE BEATLES, Breaking down the song WITHIN YOU WITHOUT YOU Part B (Featured artist is Emma Amos )

Related posts:

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 75 THE BEATLES (Part Z WHY DID LENNON CHOOSE HITLER FOR THE COVER OF STG. PEPPER’S? ) (Feature on artist Peter Kien )

Why did John Lennon submit Hitler as one of his selections to appear on the cover of Sgt. Pepper’s Album? It may have been the same reason that TIME MAGAZINE picked Hitler as the MAN OF THE YEAR in 1938 and that is they thought Hitler’s presence should not be ignored.  Francis Schaeffer holding up […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 74 THE BEATLES (Part Y, The link between the Beatles’ song HAPPINESS IS A WARM GUN and PEANUTS creator Charles Schulz) (Featured artist is Andrew Wyeth)

_ John Lennon wrote this song as a satirical attempt to damage the gun industry and it is truly ironic that this post which was scheduled weeks ago comes out less than 24 hours after the shooting on air of two journalists in Virginia that has sparked a national debate on guns.(I personally find gun […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 73 THE BEATLES (Part X, Why did Albert Einstein get chosen to be on the cover of SGT. PEPPER’S? ) (Feature on artist John Lennon)

______________ The Beatles were looking for lasting satisfaction in their lives and their journey took them down many of the same paths that other young people of the 1960’s were taking. No wonder in the video THE AGE OF NON-REASON Schaeffer noted,  ” Sergeant Pepper’s Lonely Hearts Club Band…for a time it became the rallying cry for young people throughout […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 72 THE BEATLES (Part V Breaking down the song ” The Walrus” ) (Featured artist is Brenda Bury)

______ The Beatles – I Am The Walrus   LYRIC BREAKDOWN – THE BEATLES – I AM THE WALRUS (REACT)   _____________ THE SONG “THE WALRUS” DOES A GREAT JOB OF PRESENTING HINDUISM TO THE WORLD IN THE OPENING LINE “I am he as you are he as you are me and we are all […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 71 THE BEATLES (Part U, WHY SO MANY ALCOHOLICS ON COVER OF SGT. PEPPER’S?) (Feature on Photographer Linda McCartney )

Who are the alcoholics on the cover of Sgt. Pepper’s Lonely Hearts Club Band Album cover? James Joyce, W.C. Fields, and Tony Curtis are three we can start off with.  Ronald Fields, W.C.Fields’ grandson,  in the video clip  below at the 17:40 noted that his grandfather said, “I only have one regret. I wonder what it […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 70 THE BEATLES (Part T, Lennon’s friend and drug guru Timothy Leary spent time at Swiss retreat L’Abri in 1971 with Francis Schaeffer) (Feature on artist Paul McCartney)

________________________ The Beatles at Apple Studios, Savile Row, London on Thursday 30 January 1969 This is not the first time I have written about Timothy Leary but I wanted to point out his connection with the Beatles in this post. What did Timothy Leary have to do with one of the songs on ABBEY ROAD […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 69 THE BEATLES (Part S, WHY WAS SIMON RODILLA CHOSEN TO BE ON COVER OF SGT. PEPPER’S? ) (Feature on artist John Outterbridge )

_______________ SIMON RODILLA was put on the cover of Sgt. Pepper’s because of the word LABOR!!! He dedicated his own life to his work and built something that impressed beyond his death and it impressed Jann Haworth and that is why she chose to put him on the cover. Read more about SIMON RODILLA and […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 68 THE BEATLES (PART R WHY WAS JOHNNY WEISSMULLER CHOSEN TO BE ON COVER OF SGT. PEPPER’S?) Artist featured today is Eduardo Paolozzi

________________ Tarzan Escapes (1936) – 2-Tarzan and Jane Waking in the Treehouse File:Johnny Weissmuller and Duke Kahanamoku at Olympics.jpg _______________ Tarzan Finds A Son 1939 PART 1 The Beatles, working on the movie “Eight arms To Hold You” in Nassau, Bahamas, went swimming in the pool at the Nassau Beach Hotel, with their clothes February […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 67 THE BEATLES (Part Q, RICHES AND LUXURIES NEVER SATISFIED THE BEATLES! ) (Feature on artist Derek Boshier )

_____________ The Beatles Money (That’s What I Want)  Julian and John Lennon meet the HAPPY DAYS crew: mick jagger john lennon and yoko ono by bob gruen nyc 1972   The Beatles were looking for lasting satisfaction in their lives and their journey took them down many of the same paths that other young people […]

FRANCIS SCHAEFFER ANALYZES ART AND CULTURE Part 66 THE BEATLES (Part P, The Beatles’ best song ever is A DAY IN THE LIFE which is on Sgt Pepper’s!) (Feature on artist and clothes designer Manuel Cuevas )

  SGT. PEPPER’S LONELY HEARTS CLUB BAND ALBUM was the Beatles’ finest work and in my view it had their best song of all-time in it. The revolutionary song was A DAY IN THE LIFE which both showed the common place part of everyday life and also the sudden unexpected side of life.  The shocking […]

___________

A Conversation with Judge Amy Coney Barrett who was just nominated by President Trump for Supreme Court!!!


Amy Coney Barrett (born January 28, 1972)[1][2] is an American lawyer, jurist, and academic who serves as a circuit judge on the U.S. Court of Appeals for the Seventh Circuit. Barrett considers herself a public-meaning originalist; her judicial philosophy has been likened to that of her mentor and former boss, Antonin Scalia.[3] Barrett’s scholarship focuses on originalism.

Amy Coney Barrett
Barrett in 2018
Judge of the United States Court of Appeals for the Seventh Circuit
Incumbent
Assumed office 
November 2, 2017
Appointed byDonald Trump
Preceded byJohn Daniel Tinder
Personal details
BornJanuary 28, 1972(age 48)
New OrleansLouisiana, U.S.
Spouse(s)Jesse Barrett
EducationRhodes College (BA)
University of Notre Dame(JD)
Academic background
Academic work
DisciplineJurisprudence
InstitutionsNotre Dame Law School
WebsiteNotre Dame Law Biography

Barrett was nominated to the Seventh Circuit Court of Appeals by President Donald Trump on May 8, 2017 and confirmed by the Senate on October 31, 2017. While serving on the federal bench, she was a professor of law at Notre Dame Law School, where she has taught civil procedure, constitutional law, and statutory interpretation.[4][2][5][6] Shortly after her confirmation to the Seventh Circuit Court of Appeals in 2017, Barrett was added to President Trump’s list of potential Supreme Court nominees.[7]Trump reportedly intends to nominate her to succeed Ruth Bader Ginsburg on the United States Supreme Court.[8]

Early life and education

Barrett was born in New Orleans, Louisiana, in 1972.[2] She is the eldest of seven children, with five sisters and a brother. Her father Michael Coney worked as an attorney for Shell Oil Company, and her mother Linda was a homemaker. Barrett grew up in Metairie, a suburb of New Orleans, and graduated from St. Mary’s Dominican High School in 1990.[9]

Barrett studied English literature at Rhodes College, graduating in 1994 with a Bachelor of Arts magna cum laude and Phi Beta Kappa membership.[10] She then studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review[11] and graduated first in her class in 1997 with a Juris Doctor summa cum laude.[12]

Career

Clerkships and private practice

After law school Barrett spent two years as a judicial law clerk, first for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit from 1997 to 1998,[13] then for Justice Antonin Scalia of the U.S. Supreme Court from 1998 to 1999.[13]

From 1999 to 2002, she practiced law at Miller, Cassidy, Larroca & Lewin in Washington, D.C.[11][14]

Teaching and scholarship

Barrett served as a visiting associate professor and John M. Olin Fellow in Law at George Washington University Law School for a year before returning to her alma mater, Notre Dame Law School in 2002.[15]At Notre Dame she taught federal courts, constitutional law, and statutory interpretation. Barrett was named a Professor of Law in 2010, and from 2014 to 2017 held the Diane and M.O. Miller Research Chair of Law.[16] Her scholarship focuses on constitutional law, originalism, statutory interpretation, and stare decisis.[12] Her academic work has been published in journals such as the ColumbiaCornellVirginiaNotre Dame, and TexasLaw Reviews.[15] Some of her most significant publications are Suspension and Delegation, 99 Cornell L. Rev. 251 (2014), Precedent and Jurisprudential Disagreement, 91 Tex. L. Rev. 1711 (2013), The Supervisory Power of the Supreme Court, 106 Colum. L. Rev. 101 (2006), and Stare Decisis and Due Process, 74 U. Colo. L. Rev. 1011 (2003).

At Notre Dame, Barrett received the “Distinguished Professor of the Year” award three times.[15] She taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory Seminar, and Statutory Interpretation Seminar.[15] Barrett has continued to teach seminars as a sitting judge.[17]

Federal judicial service

Nomination and confirmation

President Donald Trump nominated Barrett on May 8, 2017, to serve as a United States Circuit Judge of the United States Court of Appeals for the Seventh Circuit, to the seat vacated by Judge John Daniel Tinder, who took senior status on February 18, 2015.[18][19]Judge Laurence Silberman, for whom Barrett first clerked after law school, swearing her in at her investiture as a judge on the Seventh Circuit.

A hearing on Barrett’s nomination before the Senate Judiciary Committee was held on September 6, 2017.[20] During the hearing, Senator Dianne Feinstein questioned Barrett about a law review article Barrett co-wrote in 1998 with Professor John H. Garvey in which she argued that Catholic judges should in some cases recuse themselves from death penalty cases due to their moral objections to the death penalty. The article concluded that the trial judge should recuse herself instead of entering the order. Asked to “elaborate on the statements and discuss how you view the issue of faith versus fulfilling the responsibility as a judge today,” Barrett said that she had participated in many death-penalty appeals while serving as law clerk to Scalia, adding, “My personal church affiliation or my religious belief would not bear on the discharge of my duties as a judge”[21][22] and “It is never appropriate for a judge to impose that judge’s personal convictions, whether they arise from faith or anywhere else, on the law.”[23] Worried that Barrett would not uphold Roe v. Wade given her Catholic beliefs, Feinstein followed Barrett’s response by saying, “the dogma lives loudly within you, and that is a concern.”[24][25][26] The hearing made Barrett popular with religious conservatives,[11] and in response, the conservative Judicial Crisis Network began to sell mugs with Barrett’s photo and Feinstein’s “dogma” remark.[27]Feinstein’s and other senators’ questioning was criticized by some Republicans and other observers, such as university presidents John I. Jenkins and Christopher Eisgruber, as improper inquiry into a nominee’s religious belief that employed an unconstitutional “religious test” for office;[23][28][29]others, such as Nan Aron, defended Feinstein’s line of questioning.[29]

Lambda Legal, an LGBT civil rights organization, co-signed a letter with 26 other gay rights organizations opposing Barrett’s nomination. The letter expressed doubts about her ability to separate faith from her rulings on LGBT matters.[30][31] During her Senate confirmation hearing, Barrett was questioned about landmark LGBTQ legal precedents such as Obergefell v. HodgesUnited States v. Windsor, and Lawrence v. Texas. Barrett said these cases are “binding precedents” that she intended to “faithfully follow if confirmed” to the appeals court, as required by law.[30] The letter co-signed by Lambda Legal said “Simply repeating that she would be bound by Supreme Court precedent does not illuminate—indeed, it obfuscates—how Professor Barrett would interpret and apply precedent when faced with the sorts of dilemmas that, in her view, ‘put Catholic judges in a bind.'”[30] Carrie Severino of the Judicial Crisis Network later said that warnings from LGBT advocacy groups about shortlisted nominees to replace Justice Anthony Kennedy, including Barrett, were “very much overblown” and called them “mostly scare tactics.”[30]

In 2015, Barrett signed a letter in support of the Ordinary Synod of Bishops on the Family that endorsed the Catholic Church’s teachings on human sexuality and its definition of marriage as between one man and one woman. When asked about the letter, she testified that the Church’s definition of marriage is legally irrelevant.[32][33]

Barrett’s nomination was supported by every law clerk she had worked with and all of her 49 faculty colleagues at Notre Dame Law school. 450 former students signed a letter to the Senate Judiciary Committee supporting Barrett’s nomination.[34][35]

On October 5, 2017, the Senate Judiciary Committee voted 11–9 on party lines to recommend Barrett and report her nomination to the full Senate.[36][37] On October 30, the Senate invoked cloture by a vote of 54–42.[38] It confirmed her by a vote of 55–43 on October 31, with three Democrats—Joe DonnellyTim Kaine, and Joe Manchin—voting for her.[10] She received her commission two days later.[2] Barrett is the first and to date only woman to occupy an Indiana seat on the Seventh Circuit.[39]

Notable cases

Title IX

In Doe v. Purdue University, 928 F.3d 652 (7th Cir. 2019), the court, in a unanimous decision written by Barrett, reinstated a suit brought by a male Purdue University student (John Doe) who had been found guilty of sexual assault by Purdue University, which resulted in a one-year suspension, loss of his Navy ROTC scholarship, and expulsion from the ROTC affecting his ability to pursue his chosen career in the Navy.[40] Doe alleged the school’s Advisory Committee on Equity discriminated against him on the basis of his sex and violated his rights to due process by not interviewing the alleged victim, not allowing him to present evidence in his defense, including an erroneous statement that he confessed to some of the alleged assault, and appearing to believe the victim instead of the accused without hearing from either party or having even read the investigation report. The court found that Doe had adequately alleged that the university deprived him of his occupational liberty without due process in violation of the Fourteenth Amendment and had violated his Title IX rights “by imposing a punishment infected by sex bias,” and remanded to the District Court for further proceedings.[41][42][43]

Title VII

In EEOC v. AutoZone, the Seventh Circuit considered the federal government’s appeal from a ruling in a suit brought by the Equal Employment Opportunity Commission against AutoZone; the EEOC argued that the retailer’s assignment of employees to different stores based on race (e.g., “sending African American employees to stores in heavily African American neighborhoods”) violated Title VII of the Civil Rights Act. The panel, which did not include Barrett, ruled in favor of AutoZone. An unsuccessful petition for rehearing en banc was filed. Three judges—Chief Judge Diane Wood and Judges Ilana Rovner and David Hamilton—voted to grant rehearing, and criticized the panel decision as upholding a “separate-but-equal arrangement”; Barrett and four other judges voted to deny rehearing.[11]

Immigration

In Cook County v. Wolf, 962 F.3d 208 (7th Cir. 2020), Barrett wrote a 40-page dissent from the majority’s decision to uphold a preliminary injunction on the Trump administration’s controversial “public charge rule“, which heightened the standard for obtaining a green card. In her dissent, she argued that any noncitizens who disenrolled from government benefits because of the rule did so due to confusion about the rule itself rather than from its application, writing that the vast majority of the people subject to the rule are not eligible for government benefits in the first place. On the merits, Barrett departed from her colleagues Wood and Rovner, who held that DHS’s interpretation of that provision was unreasonable under Chevron Step Two. Barrett would have held that the new rule fell within the broad scope of discretion granted to the Executive by Congress through the Immigration and Nationality Act.[44][45][46] The public charge issue is the subject of a circuit split.[44][46][47]

In Yafai v. Pompeo, 924 F.3d 969 (7th Cir. 2019), the court considered a case brought by a Yemeni citizen, Ahmad, and her husband, a U.S. citizen, who challenged a consular officer’s decision to twice deny Ahmad’s visa application under the Immigration and Nationality Act. Yafai, the U.S. citizen, argued that the denial of his wife’s visa application violated his constitutional right to live in the United States with his spouse.[48] In an 2-1 majority opinion authored by Barrett, the court held that the plaintiff’s claim was properly dismissed under the doctrine of consular nonreviewability. She declined to address whether Yafai had been denied a constitutional right (or whether a constitutional right to live in the United States with his spouse existed) because even if a constitutional right was implicated, the court lacked authority to disturb the consular officer’s decision to deny Ahmad’s visa application because that decision was facially legitimate and bona fide. Following the panel’s decision, Yafai filed a petition for rehearing en banc; the petition was denied, with eight judges voting against rehearing and three in favor, Wood, Rovner and Hamilton. Barrett and Judge Joel Flaumconcurred in the denial of rehearing.[48][49]

Second Amendment

In Kanter v. Barr, 919 F.3d 437 (7th Cir. 2019), Barrett dissented when the court upheld a law prohibiting convicted nonviolent felons from possessing firearms. The plaintiffs had been convicted of mail fraud. The majority upheld the felony dispossession statutes as “substantially related to an important government interest in preventing gun violence.” In her dissent, Barrett argued that while the government has a legitimate interest in denying gun possession to felons convicted of violent crimes, there is no evidence that denying guns to nonviolent felons promotes this interest, and that the law violates the Second Amendment.[50][51]

Fourth Amendment

In Rainsberger v. Benner, 913 F.3d 640 (7th Cir. 2019), the panel, in an opinion by Barrett, affirmed the district court’s ruling denying the defendant’s motion for summary judgment and qualified immunity in a 42 U.S.C. § 1983 case. The defendant, Benner, was a police detective who knowingly provided false and misleading information in a probable cause affidavit that was used to obtain an arrest warrant against Rainsberger. (The charges were later dropped and Rainsberger was released.) The court found the defendant’s lies and omissions violated “clearly established law” and thus Benner was not shielded by qualified immunity.[52]

The case United States v. Watson, 900 F.3d 892 (7th Cir. 2018) involved police responding to an anonymous tip that people were “playing with guns” in a parking lot. The police arrived and searched the defendant’s vehicle, taking possession of two firearms; the defendant was later charged with being a felon in possession of a firearm. The district court denied the defendant’s motion to suppress. On appeal, the Seventh Circuit, in a decision by Barrett, vacated and remanded, determining that the police lacked probable cause to search the vehicle based solely upon the tip, when no crime was alleged. Barrett distinguished Navarette v. California and wrote, “the police were right to respond to the anonymous call by coming to the parking lot to determine what was happening. But determining what was happening and immediately seizing people upon arrival are two different things, and the latter was premature…Watson’s case presents a close call. But this one falls on the wrong side of the Fourth Amendment.”[53]

In a 2013 Texas Law Review article, Barrett included as one of only seven Supreme Court “superprecedents“, Mapp vs Ohio (1961); the seminal case where the court found through the doctrine of selective incorporation that the 4th Amendment’s protections against unreasonable searches and seizures was binding on state and local authorities in the same way it historically applied to the federal government.

Civil procedure and standing

In Casillas v. Madison Ave. Associates, Inc., 926 F.3d 329 (7th Cir. 2019), the plaintiff brought a class-action lawsuit against Madison Avenue, alleging that the company violated the Fair Debt Collection Practices Act (FDCPA) when it sent her a debt-collection letter that described the FDCPA process for verifying a debt but failed to specify that she was required to respond in writing to trigger the FDCPA protections. Casillas did not allege that she had tried to verify her debt and trigger the statutory protections under the FDCPA, or that the amount owed was in any doubt. In a decision written by Barrett, the panel, citing the Supreme Court’s decision in Spokeo, Inc. v. Robins, found that the plaintiff’s allegation of receiving incorrect or incomplete information was a “bare procedural violation” that was insufficiently concrete to satisfy the Article III‘s injury-in-fact requirement. Wood dissented from the denial of rehearing en banc. The issue created a circuit split.[54][55][56]

Judicial philosophy and political views

Barrett considers herself an originalist. She is a constitutional scholar with expertise in statutory interpretation.[10] Reuters described Barrett as a “a favorite among religious conservatives,” and said that she has supported expansive gun rights and voted in favor of one of the Trump administration’s anti-immigration policies.[57]

Barrett was one of Justice Antonin Scalia‘s law clerks. She has spoken and written of her admiration of his close attention to the text of statutes. She has also praised his adherence to originalism.[58]

In 2013, Barrett wrote a Texas Law Review article on the doctrine of stare decisis wherein she listed seven cases that should be considered “superprecedents”—cases that the court would never consider overturning. The list included Brown v. Board of Education but specifically excluded Roe v. Wade. In explaining why it was not included, Barrett referenced scholarship agreeing that in order to qualify as “superprecedent” a decision must enjoy widespread support from not only jurists but politicians and the public at large to the extent of becoming immune to reversal or challenge. She argued the people must trust the validity of a ruling to such an extent the matter has been taken “off of the court’s agenda,” with lower courts no longer taking challenges to them seriously. Barrett pointed to Planned Parenthood v. Casey as specific evidence Roe had not yet attained this status.[59] The article did not include any pro-Second Amendment or pro-LGBT cases as “Super-Precedent”.[30][31] When asked during her confirmation hearings why she did not include any pro-LGBT cases as “superprecedent”, Barrett explained that the list contained in the article was collected from other scholars and not a product of her own independent analysis on the subject.[32][33]

Barrett has never ruled directly on a case pertaining to abortion rights, but she did vote to rehear a successful challenge to Indiana’s parental notification law in 2019. In 2018, Barrett voted against striking down another Indiana law requiring burial or cremation of fetal remains. In both cases, Barrett voted with the minority. The Supreme Court later reinstated the fetal remains law and in July 2020 it ordered a rehearing in the parental notification case.[57] At a 2013 event reflecting on the 40th anniversary of Roe v. Wade, she described the decision—in Notre Dame Magazine‘s paraphrase—as “creating through judicial fiat a framework of abortion on demand.”[60][61] She also remarked that it was “very unlikely” the court would overturn the core of Roe v. Wade: “The fundamental element, that the woman has a right to choose abortion, will probably stand. The controversy right now is about funding. It’s a question of whether abortions will be publicly or privately funded.”[62][63] NPR said that those statements were made before the election of Donald Trump and the changing composition of the Supreme Court to the right subsequent to his election, which could make Barrett’s vote pivotal in overturning Roe v. Wade.[64]

Barrett was critical of Chief Justice John Roberts’opinion in the 5–4 decision that upheld the constitutionality of the central provision in the Affordable Care Act (Obamacare) in NFIB vs. Sebelius. Roberts’s opinion defended the constitutionality of the individual mandate of the Affordable Care Act by characterizing it as a “tax.” Barrett disapproved of this approach, saying Roberts pushed the ACA “beyond it’s plausible limit to save it.”[64][65][66][67] She criticized the Obama administration for providing employees of religious institutions the option of obtaining birth controlwithout having the religious institutions pay for it.[65]

Potential Supreme Court nomination

Barrett has been on President Trump’s list of potential Supreme Court nominees since 2017, almost immediately after her court of appeals confirmation. In July 2018, after Anthony Kennedy‘s retirement announcement, she was reportedly one of three finalists Trump considered, along with Judge Raymond Kethledge and Judge Brett Kavanaugh.[16][68] Trump chose Kavanaugh.[69]Reportedly, although Trump liked Barrett, he was concerned about her lack of experience on the bench.[70] In the Republican Party, Barrett was favored by social conservatives.[70]

After Kavanaugh’s selection, Barrett was viewed as a possible Trump nominee for a future Supreme Court vacancy.[71] Trump was reportedly “saving” Ruth Bader Ginsburg‘s seat for Barrett if Ginsburg retired or died during his presidency.[72] Ginsburg died on September 18, 2020, and Barrett has been widely mentioned as the front-runner to succeed her.[73][74][75][76]

Personal life

Judge Barrett with her husband, Jesse

Since 1999, Barrett has been married to fellow Notre Dame Law graduate Jesse M. Barrett, a partner at SouthBank Legal in South BendIndiana. Previously, Jesse Barrett worked as an Assistant U.S. Attorneyfor the Northern District of Indiana for 13 years.[77][78][79] They live in South Bend and have seven children, ranging in age from 8-19.[80] Two of the Barrett children are adopted from Haiti. Their youngest biological child has special needs.[79][2][81]Barrett is a practicing Catholic.[82][83]

In September 2017, The New York Times reported that Barrett was an active member of a small, tightly knit Charismatic Christian group called People of Praise.[84][85] Founded in South Bend, the group is associated with the Catholic Charismatic Renewalmovement; it is ecumenical and not formally affiliated with the Catholic Church, but about 90% of its members are Catholic.[85][86]

Affiliations and recognition

From 2010 to 2016, Barrett served by appointment of the Chief Justice on the Advisory Committee for the Federal Rules of Appellate Procedure.[15]

Barrett was a member of the Federalist Society from 2005 to 2006 and from 2014 to 2017.[25][10][11] She is a member of the American Law Institute.[87]

Selected publications

See also

References

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​Amy Coney Barrett was appointed to the U.S. Court of Appeals for the Seventh Circuit in November 2017. She serves on the faculty of the Notre Dame Law School, teaching on constitutional law, federal courts, and statutory interpretation, and previously served on the Advisory Committee for the Federal Rules of Appellate Procedure. She earned her bachelor’s degree from Rhodes College in 1994 and her J.D. from Notre Dame Law School in 1997. Following law school, Barrett clerked for Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit and for Associate Justice Antonin Scalia of the U.S. Supreme Court. She also practiced law with Washington, D.C. law firm Miller, Cassidy, Larroca & Lewin.

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