National Law Journal Symposium on Possible Questions for Judge Amy Coney Barrett’s Confirmation Hearings
The National Law Journal has posted a symposium in which eight legal commentators from across the political spectrum each suggest a question to be asked at Judge Amy Coney Barrett’s Supreme Court confirmation hearings next week (free registration required to access). The contributors include co-blogger Jonathan Adler and myself, among others. Here is my proposed question:
One of the most important legal issues of our time is whether constitutional constraints that apply to other exercises of government power should also apply with the same force to immigration restrictions. The text and original meaning of the Constitution make no distinction between constitutional standards that apply to immigration and those that apply to other policies. Yet courts often read such distinctions into the Constitution, nonetheless. Do you believe immigration policy should be subject to the same level of judicial review as other federal policies, or should it get little or no scrutiny? Why?
Jonathan’s question also strikes me as well worth asking:
“Judge Barrett, in your academic writing on th
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