Author and consumer advocate Ralph Nader, the 1996 and 2000 Green Party presidential nominee, 2004 Independent presidential candidate and Reform Party presidential nominee, and 2008 Independent presidential candidate and the Peace and Freedom Party presidential nominee, published the following editorial last week on his website Nader.org.
In a 1995 book review published in the University of Chicago Law Review, Elena Kagan (now Justice Kagan) wrote about judicial nominees avoiding disclosing their views on legal issues. She said, “[T]he safest and surest route to the prize lay in alternating platitudinous statement and judicious silence. Who would have done anything different, in the absence of pressure from members of Congress?”
This week, nominee to the High Court, Judge Amy Coney Barrett followed the “say-nothing” playbook, through injudicious and repetitious filibustering, essentially claiming that it was improper for a judge “to opine” on matters outside the judicial process.
Really? Judge Barrett “opined” in lectures, interviews, and articles as a judge as have many sitting Supreme Court Justices. Her mentor, Justice Antonin Scalia regularly made controversial declarations at law school addresses and all kinds of other public appearances.
Judge Barrett’s hours before the Senate Judiciary Committee were consistently defiant. She refused to answer questions about the legality of intimidating voters, or whether all losing presidents should commit to a peaceful transition of power. Judge Barrett even refused to say whether she accepts the science on the climate crisis because she lacks the expertise on this issue and because it is a controversial topic.
Continue reading at Nader.org