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#1
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Grand Inquisitor Cory Booker
Cory Booker brings in the Inquisition on a judicial nominee, giving her a religious test in direct violation of Article VI of the US Constitution.
What is he trying to prove? I also thought the way he handled the Kavanaugh questioning was pure showmanship, and inappropriate showmanship at that. The guy is an ignorant, self-aggrandizing windbag if you ask me. |
#2
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Well, I guess he's lost your vote, then?
![]() And of course the Constitution doesn't say that Senators can't vote against a nominee because the nominee is a religious zealot, any more than it says that citizens can't take a candidate's religion into account when choosing who to vote for. The "no religious test" just means that the government can't pass laws requiring all candidates/nominees for office to subscribe to a particular religion. Stupid right-wing talking point of the day debunked. |
#3
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I can see the beginnings of an argument that as a senator if you will not vote for a judicial nominee because of his religion, then that is a religious test. But does the opinion of one senator make a violation of the Constitution? What about 51? What if 51 senators agreed to never confirm a judicial nominee who adhered to the Second Presbylutheran Church, Reformation of 1958? It seems that there is now a religious test for any judicial office. |
#4
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There are (I hope) already 51 Senators who would reject a nominee that believed interracial marriage was a sin. If one particular sect held that view, then members of that religion would be out of luck. I don't see a Constitutional violation. |
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#5
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Also, this candidate isn't being discriminated against because of her religion, she's being discriminated against because she (purportedly) believes that homosexuality is immoral. I agree that people who hold that repugnant view have no place in public office, and I don't care if her justification is religious or not, and if it is, I don't care which particular religion it is. |
#6
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Thank you for your response.
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#7
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It is no different than those in the Jim Crow south saying that blacks are PERFECTLY allowed to vote, so long as their grandfathers were eligible to vote. See, it isn't a racial test, it is a grandfather vote test! You are getting in the backdoor what you cannot get in the front. |
#8
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Denying blacks the vote because their grandfathers were ineligible to vote was depriving them of a basic citizenship right due to something over which they had zero control. Denying a devout Christian a judicial post because she believes her Christianity obliges them to view homosexuality as immoral is
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#9
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It would be very difficult to prove that Booker is breaking any laws, but I just think his line of questioning, combined with his past performances (and yes, they are performances) reveals a lot about his character (lacking) and his priorities (self promotion). Just because the one being criticized is a Democrat does not mean that the one doing the criticizing is a right-winger. |
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#10
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I agree. Booker's behavior is dumb, but not unconstitutional. He does this kind of !%$& all the time at confirmation hearings, and also at the Ford/Kavanaugh testimony. Kamala Harris does so too. I guess when the primaries roll around, we'll learn whether it's what Democratic voters want.
__________________
-ITR Champion "I am extremely proud of my religion." - G. K. Chesterton |
#11
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"Do you personally believe that X is immoral" is not a religious test, and is in no way a violation of law.
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#12
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If A and B is what makes up C, you cannot get around discriminating against C by "merely" discriminating against A. By definition you have discriminated against C. |
#13
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Many sects of Christianity do hold that belief, and many others don't. All sects contain individuals who differ from their church's "official" stance. What would be really discriminatory would be to ask someone what church they attend, and assume based on their answer that you know their opinions on homosexuality (or anything else). Booker acted correctly, in that he was asking about the nominee's personal beliefs, not her denominational affiliation. |
#14
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Right. In that way, you can use your personal prejudice against those who hold to traditional morality without breaking the law, regardless of whether or not the person in question would adhere to the law in his or her rulings.
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#15
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And if it were established that she was a bigot, it would then become relevant to examine her record to see if that bigotry had manifested itself in her rulings. Establishing whether or not she is, in fact, a bigot is the first step in that process. If she had a long-established record of ruling in accordance with the law, I personally wouldn't refuse to seat her based solely on her personal religious beliefs. But again, if someone did take the position that her beliefs alone are enough to disqualify her, that person would not be violating the law by taking that position. |
#16
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If a government farmer did the same thing, I could see it being a "disparate impact" case. It is similar to the voter ID cases. Everyone, black or white, must have an ID to vote, but if it is shown that the policy, neutral on its face hurts others because of a protected class, then it is unlawful. Quote:
From your comments, I think you would agree that if a law was passed saying that no Southern Baptists could hold office, you would strike that down. But you readily encourage barring people from office who believe that homosexuality is immoral. Those lines are almost parallel. Sure, there may be some Southern Baptists that buck the church doctrine, but then your argument boils down to something along the lines of that you can belong to any religious group you want and can hold public office so long as you do not follow the tenets of your religion. Frankly, that is the furthest thing from religious freedom imaginable. You can be a Jew so long as you celebrate Easter or you can be an atheist so long as you tithe to any local church. |
#17
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With regard to the pig farmer, I didn't ask you whether he has the legal right to only vote for pork-eaters. Everyone agrees that he does. I asked you if you would consider him to be practicing religious discrimination. How about a Muslim jihadist who believes that all non-Muslims ought to be killed or forced to convert? Do you think it would be appropriate for such a person to be seated on a Federal court, as long as they promised not to let their beliefs affect their judicial decisions? Do you think it would be reasonable to say that someone who objected to that appointment was practicing illegitimate religious discrimination? |
#18
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Are you really saying that those whose religious beliefs would engender prejudice (or worse) against those of a different religion, should be allowed to do so?
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#19
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Well, yes. We let people worship Quetzalcoatl, but they have to forego the whole "offering of still-beating hearts" angle.
__________________
The Internet: Nobody knows if you're a dog. Everybody knows if you're a jackass. |
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#20
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You seem to be implying that only Christianity has this issue; are you implying that?
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#21
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Because that's a religious position held by the World Church of the Creator--indeed, it's just about their only position. And courts have held it to be a religiously-protected position. Game the system indeed. If someone has a fucked up belief, I don't give a shit what supernatural reason they give for holding the fucked up belief. They shouldn't have power over others. |
#22
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alright, even I couldn't keep a straight face for that one. Nevermind. |
#23
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Nah. Too easy.
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#24
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I'm sorry, I must have missed where any senator said they would not vote to confirm any nominee because of that nominee's religion.
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#25
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What should the Senate's reaction be to an answer like that? |
#26
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It seems that Booker and his ilk believe that law is exactly that: judges applying personal preferences to cases. |
#27
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#28
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ETA: Nor does it have anything to do with following the law Last edited by EscAlaMike; 02-07-2019 at 05:17 PM. |
#29
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Judges do that all of the time. I'm sure that every judge that has ever been confirmed is "personally prejudiced" against rape and murder, but they have to judge the validity of search warrants that may set a murderer and rapist free. You don't think that they get a fair shake in the judicial process?
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#30
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Religion isn't a free pass to get away with anything you want. We aren't discriminating against the Sikh when we don't allow knives on planes. We aren't discriminating against Jews or Muslims by serving pork at schools and government buildings (and I say that as someone who, while not religious, doesn't eat pork for cultural reasons). And we aren't discriminating against Christians by taking a stand against bigotry, on the court or elsewhere.
Religion is no excuse for bigotry, and a Christian using his faith as an excuse to mistreat homosexuals should be just as inexcusable as a murderer claiming he was only killing for Quetzlcoatl. |
#31
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Again, asking a question about personal morals is not a violation of the Constitution. "What steps have you taken in the past, and if your nomination is approved what steps will you take in the future, to ensure that those personal beliefs do not interfere with your judicial decision making?" |
#32
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he is trying to appeal to the far left . With this many people running to the left I wonder if whoever is the nominee this year they may make Sanders look like a John Bircher
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#33
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Gay rights good, sexual assault bad? I personally don't think I need to wait for the primaries to form an opinion on how Democratic voters feel about those issues.
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#34
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#35
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OK, I got this one. Easy easy easy. He's trying to prove what the nominee thinks about gay people.
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#36
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Yawn, it's the old "You're bigoted against bigoted people!" thing again.
Never mind that Republicans are really actually doing the things you're pretending Democrats do. |
#37
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It was a statement. The question was rhetorical in order to state the issue.
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#38
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The issue is rhetorical. Gotcha.
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#39
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I love when people are completely transparent but believe they're pulling off some kind of trick...
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#40
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Well, this gay man happens to be a practicing Catholic, and all sex outside marriage is a sin. That is marriage as a Sacrament of the Church. Civil marriage is a completely different thing. People in common-law marriages are living in a state of sin according to most(all?) denominations but that doesn't make them bad people, and no one expects them to be discriminated against in a court of law. Civil marriage for gay couples(or any couple) is a good thing for lots of legal and financial reasons but that does not preclude it being sinful. Am I prejudiced against myself because I think the piece of paper/legal designation from the county doesn't constitute a real, sacramental, marriage?
Suppose Senator Booker had asked if eating meat on Good Friday was a sin and Neomi Rao had replied in the affirmative - would that mean no one would believe she was capable of applying the law fairly to someone who does not fast and abstain? |
#41
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Look, my family is Irish Catholic. My mom goes to mass three times a week. She's also pro-choice and pro-gay rights, and an ardent feminist. I'm not saying that Catholics are automatically homophobes: I get that most American Catholics are significantly more moral than the Church they attend. But when someone's up for a position where they'll have significant influence over the rights of a large number of citizens, the fact that they profess a faith that is actively fighting against our rights is a significant concern - doubly so when her political association teaches exactly the same thing. Booker is absolutely right to question her on this issue. |
#42
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On the other hand, everything about the claim that gay marriage is a sin is about other people, outside of your religion. It's all about controlling those people. As such, if someone says they don't think gay marriage is a sin, then I'm pretty sure they mean "I believe gay people shouldn't be allowed to marry." And that latter belief is a problem. Sure, you can enforce the law regardless of your beliefs. But that's not automatic. It is a bias, and one that should be scrutinized heavily. Even if you will enforce the law, your beliefs still inform what you do, and so thinking SSM is wrong can lead to you siding against it in gray area cases. It could, for instance, lead to allowing religious exceptions to anti-discrimination laws about gay people--something that the "gay marriage is sinful" people seem to be trying for. It's why they are trying to make it where cake-makers can refuse to make cakes for gay weddings, even if that cake is identical to one they would make for a straight wedding. We want judges who are biased towards the law. The law says that gay marriage is the same as straight marriage. So we want people who are biased towards thinking that gay marriage is the same as straight marriage morally. Those have the best chance of enforcing the law fairly. The thing about prejudice is that it prevents people from making the rational choice, without knowing that's what they are doing. That's why assuming judges can just put aside their biases is a bad idea. People largely don't know when their bias is kicking in. Last edited by BigT; 02-08-2019 at 01:40 AM. |
#43
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We really need a good Doctor of the Church right about now, someone who would realize that a gay man marrying a woman would not be a sacramentally valid marriage, by the traditional standards of sacramental marriage, but that two gay men marrying each other would be.
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#44
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#45
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Elena Kagan had not been a judge before joining the Supreme Court so it does happen but it's not common. She was a law professor and dean of Harvard law school. The other 8 were judges before joining the court.
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#46
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She was also Solicitor General of the United States. It doesn't seem that Ms. Rao has any experience at all inside a courtroom, other than being a clerk for a couple judges.
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#47
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Mr. Booker has reviewed history as it applies to humble, self-effacing politicians who avoid the spotlight. He has reached the obvious conclusion, and acts accordingly. Persons of modest decorum. such as myself and the OP, are naturally suspicious.
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#48
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How have we got this far without someone saying "Nobody expects the Booker Inquisition!"?
Last edited by Gyrate; 02-08-2019 at 01:53 PM. |
#49
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Music sting! ![]()
__________________
____________________________ Coin-operated self-destruct...not one of my better ideas. -- Planckton (Spongebob Squarepants) |
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#50
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Myself, I've been waiting for a Zork reference.
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