Is the American Bar Association Can Have Peer Review Source
Supreme Court Nominations
Why Amy Coney Barrett got a 'well qualified' rating from ABA standing committee
Judge Amy Coney Barrett testifying on Wednesday before the Senate Judiciary Committee.
Updated: Lawyers and judges who spoke with the ABA Standing Committee on the Federal Judiciary had high praise for Supreme Court nominee Amy Coney Barrett.
Barrett is "an intellectual giant" with a "staggering bookish mind" who is "decent, selfless and sincere." She has a "stellar judicial temperament" who shows no sarcasm in her questioning.
That kind of praise led the ABA continuing committee to conclude that Barrett met the highest standards of integrity, professional competence and judicial temperament, the 3 criteria used in its ratings of federal judicial nominees.
Barrett received a "well qualified" rating, the committee'southward highest rating, from a substantial majority of the committee.
Randall Noel of Memphis, Tennessee, the chair of the standing commission, explained the reasons for the "well qualified" rating in prepared testimony for the Senate Judiciary Commission, which is holding Barrett'southward confirmation hearing this week.
Noel and lawyer Pamela Roberts of Due south Carolina, the lead evaluator in the continuing committee's evaluation of Barrett, were scheduled to appear before the committee on Th.
The standing committee consists of nineteen lawyers who conduct nonpartisan peer reviews of federal judicial nominees. The committee relies on confidential assessments of judges, lawyers, law professors and deans, community leaders and others with knowledge of the nominee. The committee invited 944 people to provide input on Barrett.
Because the standing committee was evaluating a Supreme Court nominee, information technology commissioned three reading groups of scholars and practitioners to supplement the standing committee's reviews of the nominee'due south writings. Twenty-one professors participated in two of the reading groups. 13 lawyers with substantial trial and appellate practices participated in the 3rd reading grouping.
Noel and Roberts also interviewed Barrett on Oct. 6.
Barrett earned plaudits on all three criteria of integrity, professional person competence and judicial temperament, Noel said. The standing commission'southward rating is not based on Barrett's philosophy, political affiliation or ideology.
First, in the committee'southward evaluation of Barrett'due south integrity, lawyers and judges were uniform in their praise, Noel said in the prepared testimony. "Most remarkably, in interviews with individuals in the legal profession and customs who know Gauge Barrett, whether for a few years or decades, not ane person uttered a negative give-and-take near her character."
Noel offered some representative comments, including:
• Barrett "is incredibly honest and forthright."
• Barrett "is exactly who y'all think she is," and, "Nada about her is faux." She is "skillful, decent, selfless and sincere."
• "A casual observer might recall that she sounds 'too practiced' to be real, but she is very 18-carat."
• Barrett is an "exemplar of living an integrated life in which her intellect, integrity and compassion weave the unlike threads of her life together seamlessly."
Second, the committee institute that Barrett's professional competence exceeded the committee's high standards for Supreme Court nominees.
"All of the experienced, defended and knowledgeable sitting judges, legal scholars, and lawyers who take worked with or confronting Estimate Barrett had high praise for her intellect and ability to communicate clearly and effectively," Noel said in the prepared testimony.
These were among the comments he cited:
• "From an early historic period Approximate Barrett'southward scholarship was axiomatic; an award-winning educatee, top of her class in higher and constabulary schoolhouse, in add-on to beingness an executive editor of the law review."
• Barrett is "whip smart, highly productive, punctual and well-prepared."
• "A brilliant author and thinker," Barrett is besides "quite pragmatic." She has a "friendly, collegial demeanor and is respectful of everyone."
• Guess Barrett is "an intellectual behemothic with people skills and engaging warmth."
• "The myth is real. She is a staggering academic mind."
Tertiary, Noel said lawyers and judges alike had praise for Barrett'southward temperament. Some comments included:
• "She was e'er willing to be helpful and appoint with others on a topic fifty-fifty when she had a different philosophy and when she writes in dissent, she is very collegial."
• Barrett "never raises her vocalisation and at that place is no hint of sarcasm in her questioning. She is besides a proficient listener."
• Barrett is "kind, caring and empathetic." She is "extremely well-liked by kinesthesia and students universally."
• Barrett "has demonstrated stellar judicial temperament in all settings: She is ofttimes described equally a 'practiced listener' who makes fourth dimension for people, whether they are law students, law clerks, colleagues or friends."
A minority of the ABA standing commission rated Barrett "qualified." Noel'southward argument did non explicate the reason for the minority'due south rating.
In testimony before the Senate Judiciary Committee on Thursday, Noel and Roberts said they would "absolutely" feel comfortable arguing a case before Barrett and they thought that she would give them a fair shake.
Noel and Roberts spoke in response to questions by Senate Judiciary Commission Chairman Lindsey Graham after explaining why the committee gave Barrett a "well qualified" rating. Graham said he considers the commission'southward work to exist important, fifty-fifty when he disagrees with a rating, and he plans to go along the practice of ABA input.
Democratic Sen. Christopher Coons of Delaware said the ABA standing committee had rated 10 judicial nominees past President Trump as "not qualified," while no nominee got that rating during the Obama administration. Coons asked whether political considerations were taken into account in ABA ratings, every bit some have declared.
Noel answered that the standing committee evaluation is conducted in a nonpolitical, neutral way, and the evaluation does non consider a nominee'south philosophy, religious preference or personal views.
Roberts added that the Obama administration submitted potential nominees to the commission before a formal nomination was made. That process "addresses problematic nominees before they are formal nominees." The Trump administration did not participate in that kind of early on review.
Updated Oct. 15 at 11:05 a.m. to include testimony from Noel and Roberts.
ABA Journal Coverage of Amy Coney Barrett Hearings
Mean solar day Four
- 4 major takeaways from the Amy Coney Barrett confirmation hearings
- As SCOTUS confirmation hearing ends, a 'well qualified' Barrett avoids controversy and opinions
- Barrett had 'rare gift of lifting everyone around her;' old clerk and law educatee praise her kindness
- Why Amy Coney Barrett got a 'well qualified' rating from ABA standing committee
Day Three
- Is Barrett an acceptable Ginsburg replacement? Argue over philosophy is advisable, she says
- Barrett won't give her opinion on 'contentious matter' of climate change
- 'I hope that yous aren't suggesting that I don't have my ain mind,' Barrett tells senator
- SCOTUS nominee says she'd continue an open mind about cameras in the high court
- Barrett: No one is above the police, just Supreme Court tin can't strength other branches to comply with judgments
- Barrett: Sharing Scalia's philosophy doesn't mean I hold with every sentence he said
Day 2
- Sen. Booker complains of rushed nomination process for Barrett, notes Notre Matriarch profs' phone call for filibuster
- Afterward seeing George Floyd video, Barrett says she wept with her girl
- Barrett says she doesn't see Roe v. Wade every bit 'super precedent'
- SCOTUS nominee Barrett says she'south not 'hostile' to the Affordable Care Act
- Would Barrett recuse in 2020 ballot case? She spoke of appearances but didn't respond the question
- Barrett: Racism and discrimination is 'abhorrent'; 'I accept never discriminated on the basis of sexual preference'
Mean solar day Ane
- In delayed remarks, retired Notre Dame law dean praises Barrett as 'brilliant simply humble'
- Democrats at Barrett confirmation hearing focus on health law, even as they label proceedings a 'sham'
- Judge Amy Coney Barrett rated 'well qualified' for Supreme Courtroom by ABA standing committee
- Barrett tells of lessons learned from Scalia in confirmation hearing opening statement
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Source: https://www.abajournal.com/news/article/why-amy-coney-barrett-got-a-well-qualified-rating-from-aba-standing-committee/
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