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Amy Coney Barrett (view source)

Revision as of 22:06, September 16, 2020

1,183 bytes added ,  22:06, September 16, 2020
added section on coronavirus jurisprudence
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Judge Barrett has written that [[stare decisis]] or judicial precedent is not absolutely binding and can be overturned for solid reasons: “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it,” <ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291141</ref>
 
Judge Barrett has written that [[stare decisis]] or judicial precedent is not absolutely binding and can be overturned for solid reasons: “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks is clearly in conflict with it,” <ref>https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2291141</ref>
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== Coronavirus jurisprudence ==
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In a challenge to a broad shutdown order by [[Illinois]] [[Democrat]] Gov. J.B. Pritzker which prohibited gatherings of more than 50 people, Judge Barrett joined an opinion by [[liberal]] Judge Diane Wood which ruled against the state [[Republican Party]].<ref>http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020/D09-03/C:20-2175:J:Wood:aut:T:fnOp:N:2574463:S:0</ref>  The effect of the shutdown order is to block energetic [[Trump]] rallies, while allowing [[BLM]] rallies.
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The Chairman of the Illinois Republican Party, Tim Schneider, declared in connection with filing this lawsuit in June:
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{{cquote|Gov. Pritzker is ruling Illinois like an unaccountable king where only he gets to decide which violations of his executive order have his blessing.<ref>https://www.politico.com/news/2020/09/04/illinois-coronavirus-lockdown-court-challenge-408747</ref name="Politico">}}
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The opinion joined by Judge Barrett even included a warning against the state [[GOP]] not to complain too much about the shutdown order, lest the governor remove exemptions for religious services which the court said he could do.<ref name="Politico"/>
 
==References==
 
==References==
 
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