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Posted on 8/3/17 at 10:35 am to CCTider
Barrett's views on the roll that the Church should play in a judge's deliberating process will likely not be limited to death cases based on the tenor of her writings. She also appears to think that judges are not bound to give significant weight to legal precedent when deciding cases.
She has no judicial experience and very scant litigation experience. Other judges with similar backgrounds have been nominated, of course, but if the administration thinks she is worthy of a judgeship, why not appoint her to a district judge position first.
She has no judicial experience and very scant litigation experience. Other judges with similar backgrounds have been nominated, of course, but if the administration thinks she is worthy of a judgeship, why not appoint her to a district judge position first.
Posted on 8/3/17 at 10:37 am to Bullethead88
quote:What do you base this on?
Barrett's views on the roll that the Church should play in a judge's deliberating process will likely not be limited to death cases based on the tenor of her writings
quote:No one thinks judges should be bound by legal precedent. Not even the people who say they do.
She also appears to think that judges are not bound to give significant weight to legal precedent when deciding cases.
I mean, that reality plays out all the time.
Posted on 8/3/17 at 10:58 am to CCTider
As far as the debate as to the wording "bible precedes constitution" vs "bible can precede constitution", Barrett's writings make clear her position.
This is from her article "Catholic Judges In Capital Cases":
As far as to what extent other Church teachings would influence her work as a judge, it is impossible to project that with any degree of certainly. But from her statement on the death penalty, it would appear that she would not feel constrained to follow the law above the Church's teaches if there was a direct conflict between the two.
This is from her article "Catholic Judges In Capital Cases":
quote:
To anticipate our conclusions just briefly, we believe that Catholic judges (if they are faithful to the teaching of their church) are morally precluded from enforcing the death penalty.
As far as to what extent other Church teachings would influence her work as a judge, it is impossible to project that with any degree of certainly. But from her statement on the death penalty, it would appear that she would not feel constrained to follow the law above the Church's teaches if there was a direct conflict between the two.
Posted on 8/3/17 at 11:00 am to Bullethead88
quote:
This is from her article "Catholic Judges In Capital Cases":quote:To anticipate our conclusions just briefly, we believe that Catholic judges (if they are faithful to the teaching of their church) are morally precluded from enforcing the death penalty.
So. You're just going to ignore her conclusions on what to do as a result of the statement above?
That's as bad as the idiot group in the OP.
quote:Actually, she SPECIFICALLY SAYS THAT SHE IS constrained to follow the law.
But from her statement on the death penalty, it would appear that she would not feel constrained to follow the law above the Church's teaches if there was a direct conflict between the two.
Hence, her conclusion that you've either been too lazy to find or are being too dishonest to acknowledge.
Posted on 8/3/17 at 11:14 am to ShortyRob
quote:
Hence, her conclusion that you've either been too lazy to find or are being too dishonest to acknowledge.
Actually, she SPECIFICALLY SAYS THAT SHE IS constrained to follow the law.
In other words you haven't done any research and you're going to call me out?
And you are going to take her on her word when she knows her answer will have a direct bearing as to whether she will get the appeals court position.
"morally precluded from enforcing the death penalty".
What does that tell you?
Posted on 8/3/17 at 11:15 am to Bullethead88
quote:What the frick are you talking about.
In other words you haven't done any research and you're going to call me out?
I actually read her paper.
quote:It told me I needed to read her paper because as I said in my first post in this thread........if she actually said just that, then she should be pulled from consideration.
"morally precluded from enforcing the death penalty". What does that tell you?
Which I, unlike you, did.
This post was edited on 8/3/17 at 11:16 am
Posted on 8/3/17 at 11:17 am to Bullethead88
quote:
In other words you haven't done any research and you're going to call me out?
Just for your lazy dishonest ignorant arse
Catholic Judges in Capital Cases
Posted on 8/3/17 at 11:18 am to Bullethead88
Trump has liberals arguing against a judge because she is against the death penalty. He is a wizard!!!
Posted on 8/3/17 at 11:20 am to BBONDS25
Here is an interesting cultural collision. The death penalty is back in
fashion in our legal system. Congress has created more than sixty new
capital crimes. The Attorney General has used the new laws to prosecute
Timothy McVeigh and Theodore Kaczynski. The federal courts
have lost some of their authority to review state executions. The
Catholic Church, with no sense of timing (or a fine sense of urgency),
has picked this moment to launch a campaign against capital punishment.
This puts Catholic judges in a bind. They are obliged by oath,
professional commitment, and the demands of citizenship to enforce the
death penalty. They are also obliged to adhere to their church's teaching
on moral matters.
--------------------------------------------------------------------------------
That's where assholes who want to lie stop.
Next paragraph immediately below that one.
quote:
--------------------------------------------------------------------------------
The legal system has a solution for this dilemma-it allows (indeed it
requires) the recusal of judges whose convictions keep them from doing
their job. This is a good solution. But it is harder than you think to determine
when a judge must recuse himself and when he may stay on the
job. Catholic judges will not want to shirk their judicial obligations.
They will want to sit whenever they can without acting immorally. So
they need to know what the church teaches, and its effect on them. On
the other hand litigants and the general public are entitled to impartial
justice, and that may be something that a judge who is heedful of ecclesiastical
pronouncements cannot dispense. We need to know whether
judges are sometimes legally disqualified from hearing cases that their
consciences would let them decide.
fashion in our legal system. Congress has created more than sixty new
capital crimes. The Attorney General has used the new laws to prosecute
Timothy McVeigh and Theodore Kaczynski. The federal courts
have lost some of their authority to review state executions. The
Catholic Church, with no sense of timing (or a fine sense of urgency),
has picked this moment to launch a campaign against capital punishment.
This puts Catholic judges in a bind. They are obliged by oath,
professional commitment, and the demands of citizenship to enforce the
death penalty. They are also obliged to adhere to their church's teaching
on moral matters.
--------------------------------------------------------------------------------
That's where assholes who want to lie stop.
Next paragraph immediately below that one.
quote:
--------------------------------------------------------------------------------
The legal system has a solution for this dilemma-it allows (indeed it
requires) the recusal of judges whose convictions keep them from doing
their job. This is a good solution. But it is harder than you think to determine
when a judge must recuse himself and when he may stay on the
job. Catholic judges will not want to shirk their judicial obligations.
They will want to sit whenever they can without acting immorally. So
they need to know what the church teaches, and its effect on them. On
the other hand litigants and the general public are entitled to impartial
justice, and that may be something that a judge who is heedful of ecclesiastical
pronouncements cannot dispense. We need to know whether
judges are sometimes legally disqualified from hearing cases that their
consciences would let them decide.
Posted on 8/3/17 at 11:28 am to ShortyRob
quote:
Just for your lazy dishonest ignorant arse
I read her paper too. Where do you think I got the quote, dipshit.
As usual, one can't have any kind of rational discussion with you because you're not only always right (only in your mind), but the other person is not only wrong, but they are stupid and lazy and any other insults that come to your fricked up mind.
Eat shite.
Posted on 8/3/17 at 11:31 am to Bullethead88
quote:
I read her paper too. Where do you think I got the quote, dipshit.
OK.
Then you simply lack the reading skills to understand her paper because she REPEATEDLY articulates a position the opposite of what you think.
quote:I am right in this case. It's not even up for question. You can't read her paper and think she means that she would simply decide cases according to the bible over the law.
As usual, one can't have any kind of rational discussion with you because you're not only always right
That would require at best, a 3rd grade reading ability.
If that's your skill level, you're right, you can't have a rational conversation with me. I don't have rational conversations with stupid people.
quote:
Eat shite.
You too alter
Posted on 8/3/17 at 11:32 am to Bullethead88
quote:
I read her paper too. Where do you think I got the quote, dipshit.
Oh. And just for the record.
The above is a lie.
You quoted the quotes provided to you by the morons opposing her.
No one believes you.
Posted on 8/3/17 at 11:33 am to CCTider
From a historical perspective, it does.
Posted on 8/3/17 at 11:33 am to ShortyRob
quote:
If this is true, then I agree she shouldn't be on the bench.
But, I'd like to see what she actually said rather than characterizations of what she said.
Posted on 8/3/17 at 11:34 am to SoulGlo
quote:
If this is true, then I agree she shouldn't be on the bench. But, I'd like to see what she actually said rather than characterizations of what she said.
Thank you. My very first response in this thread.
Unlike a few stupid liberals in here, I actually DID go find what she actually said.
Posted on 8/3/17 at 11:34 am to Bullethead88
If you read her paper, how could you possibly find any issue with her position? Recusal is the appropriate action.
Posted on 8/3/17 at 11:36 am to BBONDS25
quote:
If you read her paper, how could you possibly find any issue with her position? Recusal is the appropriate action.
He didn't read it.
He's a liar.
His whole profile is a lie.
Posted on 8/3/17 at 11:37 am to ShortyRob
I see Bullethead doesn't respond well to getting pwned. 
Posted on 8/3/17 at 11:39 am to PsychTiger
quote:
I see Bullethead doesn't respond well to getting pwned.
he doesn't respond well to the fact I know he's an alter for a board regular.
Admittedly, I don't actually think olddawg is the regular in question. But, that he's an alter is self explanatory from his post history.
It's kind of comical actually.
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