Page 17 - Substantive Due Process News Today

Text as a means of understanding and reflecting what congress intended. of course, in statutory interpretation, if congress decides that congress has gotten it wrong, as this happened many times, congress comes back and clarifying and tells the court no, this is what the statute means. >> i want to go back to an exchange that you had with senator cornyn. substantive due process a doctrine that allows courts to create new fundamental rights. what is the test for determining a new fundamental righ...

Pornography, she has given them sentences below the minimum. on average going about five years below. >> you heard you make that case and heard in your opening statement. "the new york times" has taken you on this morning in a piece echoing conservative grievances miscasting her views saying you took quotes out of context as she levied a an attack against judge ketanji brown jackson. well hear your questions to her in a short time from now and well certainly see and all of us will be able to see...

How faithful would you say you are? in terms of religion. >> do you agree with this book that is being taught with kids that babies are racist? >> your reaction? >> this was absolutely horrific. what it showed was a distan for the rule of law and a disregard for the united states constitution, to have a test on how religious she happens to be. these questions about crt should ring alarm bells about the sanctity of the first amendment being trashed by these members of the senate judiciary committ...

Detainees by our government, that we were acting as war criminals? >> senator, i dont remember that accusation but i will say that -- >> do you believe thats true, that america was acting as war criminals in holding these detainees? >> senator, the supreme court held that the executive branch has the authority to detain people who are designated as enemy combatants for the duration of the hostilities. and what i was doing in the context of the habeas petitions at this very early stage in the pro...

Says, that should be an aspirational goal of the judges, because we are all concerned about the legitimacy of our institutions, and particularly at the institution of our judiciary. how would you as a judge when you are approaching your decisions -- how do you try to avoid being seen as a policymaker by embracing doctrines like substantive due process, which essentially gives judges part bond to do whatever they want. >> well, senator, ive not had that particular situation, but i do have a metho...

Overruled 30-something years later, but its also been applied in a number of different circumstances. for example, its been suggested that dred scott, which treated slaves as chattel property was a product of substantive due process. justice hugo black has criticized the doctrine of substantive due process as the arbitrary fiat of the man or men in power or the court declaring a law invalid because it shocked the consciences of at least five members of the court. he went on to say this use of ju...

Judicial policymaking, is it not? >> senator, the supreme court has consider that to be an application of the substantive due process clause of the 14th amendment. >> and the constitution doesnt mention anything about the substance when it talks about due process? the 14th in the 15th amendment dont talk about substantive due process, talks about due process of law, correct? >> correct. >> oh one of the things that concerns me is here is an example of the courts finding a new fundamental right t...

Contract. now lochner, as you know, was overruled 30 something years later. it has also been applied in a number of different circumstances. for example, its been suggested that dred scott, which treated as property, was a product of substantive due process. justice hugo black has criticized the doctrine of substantive due process. as the arbor terry fiat of the man or men in power more the court declaring a law invalid because it shocked the consciousnesses of at least five members of the court...

And reflecting what congress intended. and of course, in statutory interpretation, if congress decides that the court has gotten it wrong, then as has happened many times, congress comes back and clarifies and tells the court, no, this is what the statute means. >> i want to go back to an exchange you had with senator cornyn. substantive due process is a doctrine that often allows courts to create new fundamental rights. whats the test for determining a new fundamental right? >> the supreme cour...

>> so on a scale of 1 to 10, how faithful would you say you are, in terms of religion. >> do you agree with mr. brooks that babies are racists? >> your reaction? >> this was absolutely horrific. what it showed was a disdain for the rule of law, and a disregard for the united states constitution. to have a test on how religious she happens to be, these questions about crt should ring alarm bells about entity of the first amendment being trashed by these members of the senate judiciary committee. ...