Posted on 09/24/2020 2:25:31 AM PDT by familyop
President Trump will select a Supreme Court nominee to fill the vacancy created by the death of Justice Ruth Bader Ginsburg within a matter of days. We know that it will be a woman. And based on multiple reports, the top two potential finalists are Judge Amy Coney Barrett of the Seventh Circuit, and Judge Barbara Lagoa of the Eleventh Circuit. A law professor at Notre Dame, Barrett was confirmed 55-43 (nearly exactly along party lines) to her current post in the fall of 2017, following a contentious process. To be clear, I believe Barrett is a brilliant and capable jurist and would be thrilled if President Trump picks her. She's young (48), smart, and rock solid. She is the frontrunner for good reason. That being said, it's simply a reality that this nomination will be the subject of a pitched battle no matter who is named. And against that backdrop, I am coming around to the view that Judge Lagoa might be the more strategically savvy choice under the present circumstances -- and should at least get a very serious look for the top spot on the list. Consider:
(1) Lagoa's credentials are strong. Like Justice Ginsburg, she's a graduate of Columbia University's law school. She began her career on the bench as a lower court judge in Florida starting in 2006 (appointed by Gov. Jeb Bush) after serving as an Assistant US Attorney. She was elevated to the Florida Supreme Court by Gov. Ron DeSantis (who takes the issue of the courts very seriously) in January 2019, serving in that capacity for most of the year, until she was plucked from the state bench by Trump. The president nominated her for the Eleventh Circuit Court of Appeals. Her resume practically screams "well qualified" -- which is how she was unanimously rated by the left-leaning American Bar Association.
(2) Her personal story is also compelling, which is -- like it or not -- a relevant factor in an era of identity-focused politics. Lagoa is the daughter of Cuban-Americans who fled their homeland during the Communist revolution. She is young (she'll turn 53 the day before the November election), the mother of three daughters, and is said to have a vivacious personality. If confirmed, this "wise Latina" would be the second-ever Hispanic member of the Supreme Court and only the fifth woman (the latter would also be true of Barrett). Democrats are likely to be extremely aggressive in opposing this nominee (just look at their outrageous conduct during the Kavanaugh nomination), but the optics of beating up on a Latina would be less than ideal -- especially at a moment when Democrats are anxiously watching President Trump over-perform among Latino voters in the polls.
(3) Did I mention she's a Floridian? I've heard that state is a pretty important one.
(4) Chuck Schumer famously once said, "I always use the word 'extreme'" to discredit conservative ideas or nominees. Democrats will undoubtedly play that card against whomever Trump taps for this seat, but their go-to moniker would ring especially hollow if deployed against Lagoa. Why? She was overwhelmingly confirmed to the Eleventh Circuit Court of Appeals late last year. The final tally was 80-15 in favor. Senate Democrats voted to confirm her by nearly a two-to-one margin. The following Democratic members of the judiciary committee supported her confirmation: Richard Blumenthal (D-CT), Chris Coons (D-DE), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Pat Leahy (D-VT), and Sheldon Whitehouse (D-RI). That's right, the four most senior Democrats on the committee voted Yea, as did Hillary Clinton's 2016 running mate. The only Democratic member of the committee who voted against her was Mazie Hirono (several others who were busy running for president did not vote). Also, every GOP senator voted in the affirmative, including Collins and Murkowski. Democrats will stomp their feet and say "but the Supreme Court is different!" Fine. But it's awfully hard to frame a nominee as dangerously radical and extreme when a large majority of your own party recently backed her confirmation to another powerful federal court. This is a serious asset for Lagoa. Her nomination could be framed as a more consensus and 'moderate' pick, which could raise the odds of a successful confirmation under difficult, high-pressure conditions.
(5) A conservative source who's long known Lagoa attests that her conservative credentials are strong, despite a relatively thin record on hot-button cases.
Conservatives often fear David Souter-style betrayals, and for good reason. This source says there is "zero chance" Lagoa, whom the source likens to Clarence Thomas, is a risk to become an Anthony Kennedy, let alone a Souter. She is said to have won the confidence of several very strong conservatives who are very familiar with her work. But let's say for the sake of argument that she could end up becoming, say, a John Roberts, who disappoints conservatives, sometimes seriously, on occasion (I have no reason to believe this would be the case, and it merits a mention that Lagoa has been involved with the Federalist Society for years). That would still be an immense ideological upgrade from Justice Ginsburg. Which is to say, I'm less fixated than I typically would be on the demonstrable philosophical bona fides of this particular nominee at this particular moment in time. Republicans will need to thread a needle, given the timing of this vacancy. A huge strategic consideration, under these conditions, must be making opposition as difficult as possible. A Barbara Lagoa nomination could present some real optics landmines for Democrats, and it would align with the Trump campaign's aggressive courtship of voters of color at the Republicans' August convention. In other words, it would play to Trump's instincts and strategy.
I'd like to see more assurances about the underpinnings and consistency of her judicial philosophy (I've spoken to some plugged-in conservatives I trust who at least have questions about the depth of her commitment to conservative jurisprudence) -- and it's especially crucial that she's totally buttoned up from a vetting perspective. Yes, she just passed through a very recent confirmation process with flying colors (some of the conservative doubters ask why she received 80 votes, including the support of some extremely liberal Senators). But SCOTUS is a different beast with different stakes. Just ask Justice Kavanaugh. But time is of the essence. If Lagoa is determined to be a sufficiently vetted and conservative jurist, I believe she may be an ideal candidate for the position, in light of all the emotionally-charged and politically-fraught dynamics at play. And if not ideal, she's at least worthy of a very, very serious look. I'll leave you with Lagoa's remarks upon being nominated for Florida's high court, which shed more light on her personal and family narrative:
https://www.youtube.com/watch?v=PZCrIhm0dB8
Will Lagoa remain conservative and could she possibly sway the wise Latina to be more conservative? Worth the risk. I would go with Lagoa.
Lagoa sounds horrible if she got a vote of 80-15. That means the Rats think she is fine. If the choice is between the two, Amy seems better, even though I now trust neither.
I like to think this will not be Trump’s last selection for the Supreme Court. If he places Lagoa on the court, whens the election, he will most probably have a chance to put Barrett on there also.
Your reply.
If we were intent on a conservative dedicated to an honest interpretation of our Constitution, then we would be shouting for Britt Grant to be appointed. That is, if we were absolutely certain that President Trump will be reelected after nominating her.
Britt Grant was Solicitor General of Georgia and one of the filers of the brief against an AR-15 ban.
What our political opponents (Democrats) think of Britt Grant:
Oppose the Confirmation of Britt Grant to the U.S. Court of Appeals for the Eleventh Circuit
https://civilrights.org/resource/oppose-confirmation-britt-grant-u-s-court-appeals-eleventh-circuit/
https://www.afj.org/issue/gun-safety/
“Britt Grant (Eleventh Circuit) argued that a city ordinance prohibiting possession of AR-15 style weapons or large-capacity magazines violated the Second Amendment.”
More on that (other issues)...
https://www.afj.org/wp-content/uploads/2020/08/Grant-Snapshot-8.25.20.pdf
Oh, I’m saying a very small number know who she is, and they are probably set in their vote. I didn’t mean they would change their vote.
Very good and compelling argument.
But I think it will be ACB, partially to SPECIFICALLY tweak the democrats’ noses.
What our political opponents (Democrats) think of Britt Grant:
Oppose the Confirmation of Britt Grant to the U.S. Court of Appeals for the Eleventh Circuit
https://civilrights.org/resource/oppose-confirmation-britt-grant-u-s-court-appeals-eleventh-circuit/
“Attacked LGBT Equality: Ms. Grant worked on an amicus brief filed by Georgia and other states in the landmark case Obergefell v. Hodges,[7] which established marriage equality in America. Ms. Grant argued there was no constitutional right to marriage equality...”
There’s quite a bit more about that and her work against abortion behind the link. There’s more proof of Grant’s conservative work than of any other potential nominee.
You DON’T pick a Supreme Court Justice because of the STATE they are from!
(appointed by Gov. Jeb Bush)
That is a “deal killer”. Nope, no sale.
Are you referring to the immigration issues? Haiti. Catholic charities.
Absolutely. Vote NOW!
If you are going to show up to make a theological point, try not to be Biblically illiterate.
Acts 2:4-6 (The day of Pentecost)
4 And they were all filled with the Holy Spirit and began to speak with other tongues, as the Spirit was giving them utterance.
5 Now there were Jews living in Jerusalem, devout men from every nation under heaven.
6 And when this sound occurred, the crowd came together, and were bewildered because each one of them was hearing them speak in his own language. (NASB)
Putting Lagoa on the bench isn’t necessarily short term thinking. If Lagoa offers a better chance of winning the election, Trump has four years to appoint Barrett. It’s likely he will make 4 more appointments in the next term. If Trump is not elected, those 4 appointments will be RBG clones.
I’m referring to fact that Jeb Bush is a RINO posing as a Republican. Nothing about him is real, he is pure phony.
If he nominated her, she is likely very similar.
I like Barrett a lot better for the Supreme Court. She will uphold the constitution. The Globalist Never Trump RINO’s are traitors to the nation.
What about Ron DeSantis? He appointed Lagoa to the Florida Supreme Court? Got anything other than logical fallacies to offer?
What about Ron DeSantis? He appointed Lagoa to the Florida Supreme Court. Got anything other than logical fallacies to offer?
there are really only two justices with some likelihood to leave in the next four years. Clarence Thomas 73 who has been talking about it. and Stephen Breyer 82 because of his age although he seems healthy so only a moderately small chance.
There’s more proof that Grant would uphold the Constitution.
Britt Grant was Solicitor General of Georgia and one of the filers of the brief against an AR-15 ban.
What our political opponents (Democrats) think of Britt Grant (see other issues including Homosexual marriage, abortion, etc.):
Oppose the Confirmation of Britt Grant to the U.S. Court of Appeals for the Eleventh Circuit
https://civilrights.org/resource/oppose-confirmation-britt-grant-u-s-court-appeals-eleventh-circuit/
https://www.afj.org/issue/gun-safety/
“Britt Grant (Eleventh Circuit) argued that a city ordinance prohibiting possession of AR-15 style weapons or large-capacity magazines violated the Second Amendment.”
More on that (other issues)...
https://www.afj.org/wp-content/uploads/2020/08/Grant-Snapshot-8.25.20.pdf
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