Archiv: Amy Vivian Coney Barrett


22.08.2023 - 17:35 [ US Supreme Court ]

SUPREME COURT OF THE UNITED STATES: NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., APPLICANTS 21A244 v. DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL

(13.01.2022)

Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.” In re MCP No. 165, 20 F. 4th, at 272 (Sutton, C. J., dissenting). It is instead a significant encroachment into the lives—and health—of a vast number of employees. “We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Alabama Assn. of Realtors v. Department of Health and Human Servs., 594
U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal quotation marks omitted). There can be little doubt that OSHA’s mandate qualifies as an exercise of such authority. The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.

(…)

The Solicitor General does not dispute that OSHA is limited to regulating “work-related dangers.” Response Brief for OSHA in No. 21A244 etc., p. 45 (OSHA Response). She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We cannot agree. Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.

02.07.2023 - 05:15 [ Fox News ]

Biden rips Supreme Court decision on race-based college admissions: ‚Not a normal court‘

(29.06.2023)

„A benefit to a student who overcame racial discrim­ination, for example, must be tied to that student’s courage and determination,“ Chief Justice John Roberts wrote in the majority opinion. „In other words, the student must be treated based on his or her ex­periences as an individual — not on the basis of race.“

„Many universities have for too long done just the oppo­site,“ Roberts continued. „And in doing so, they have concluded, wrongly, that the touchstone of an individual’s identity is not challenges bested, skills built, or lessons learned but the color of their skin. Our constitutional history does not tolerate that choice.“

05.05.2023 - 17:39 [ US Supreme Court ]

SUPREME COURT OF THE UNITED STATES: NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., APPLICANTS 21A244 v. DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL

(13.01.2022)

Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.” In re MCP No. 165, 20 F. 4th, at 272 (Sutton, C. J., dissenting). It is instead a significant encroachment into the lives—and health—of a vast number of employees. “We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Alabama Assn. of Realtors v. Department of Health and Human Servs., 594
U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal quotation marks omitted). There can be little doubt that OSHA’s mandate qualifies as an exercise of such authority. The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.

(…)

The Solicitor General does not dispute that OSHA is limited to regulating “work-related dangers.” Response Brief for OSHA in No. 21A244 etc., p. 45 (OSHA Response). She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We cannot agree. Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.

01.02.2023 - 02:55 [ US Supreme Court ]

SUPREME COURT OF THE UNITED STATES: NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., APPLICANTS 21A244 v. DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL

(13.01.2022)

Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.” In re MCP No. 165, 20 F. 4th, at 272 (Sutton, C. J., dissenting). It is instead a significant encroachment into the lives—and health—of a vast number of employees. “We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Alabama Assn. of Realtors v. Department of Health and Human Servs., 594
U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal quotation marks omitted). There can be little doubt that OSHA’s mandate qualifies as an exercise of such authority. The question, then, is whether the Act plainly authorizes the Secretary’s mandate. It does not. The Act empowers the Secretary to set workplace safety standards, not broad public health measures.

(…)

The Solicitor General does not dispute that OSHA is limited to regulating “work-related dangers.” Response Brief for OSHA in No. 21A244 etc., p. 45 (OSHA Response). She instead argues that the risk of contracting COVID–19 qualifies as such a danger. We cannot agree. Although COVID–19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.

19.09.2022 - 15:33 [ US Supreme Court ]

SUPREME COURT OF THE UNITED STATES: NATIONAL FEDERATION OF INDEPENDENT BUSINESS, ET AL., APPLICANTS 21A244 v. DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, ET AL

(13.01.2022)

Administrative agencies are creatures of statute. They accordingly possess only the authority that Congress has provided. The Secretary has ordered 84 million Americans to either obtain a COVID–19 vaccine or undergo weekly medical testing at their own expense. This is no “everyday exercise of federal power.” In re MCP No. 165, 20 F. 4th, at 272 (Sutton, C. J., dissenting). It is instead a significant encroachment into the lives—and health—of a vast number of employees. “We expect Congress to speak clearly when authorizing an agency to exercise powers of vast economic and political significance.” Alabama Assn. of Realtors v. Department of Health and Human Servs., 594
U. S. ___, ___ (2021) (per curiam) (slip op., at 6) (internal
quotation marks omitted). There can be little doubt that
OSHA’s mandate qualifies as an exercise of such authority.
The question, then, is whether the Act plainly authorizes
the Secretary’s mandate. It does not. The Act empowers
the Secretary to set workplace safety standards, not broad public health measures.

(…)

The Solicitor General does not dispute that OSHA is lim-
ited to regulating “work-related dangers.” Response Brief
for OSHA in No. 21A244 etc., p. 45 (OSHA Response). She
instead argues that the risk of contracting COVID–19 qual-
ifies as such a danger. We cannot agree. Although COVID–
19 is a risk that occurs in many workplaces, it is not an occupational hazard in most. COVID–19 can and does spread at home, in schools, during sporting events, and everywhere else that people gather. That kind of universal risk is no different from the day-to-day dangers that all face from
crime, air pollution, or any number of communicable diseases. Permitting OSHA to regulate the hazards of daily life—simply because most Americans have jobs and face those same risks while on the clock—would significantly expand OSHA’s regulatory authority without clear congressional authorization.

27.10.2020 - 03:23 [ ABC News / Youtube ]

President Trump hosts swearing-in ceremony for Amy Coney Barrett

(video)

27.10.2020 - 03:15 [ CBS News ]

Amy Coney Barrett sworn in as newest Supreme Court justice

The Senate confirmed Judge Amy Coney Barrett to the Supreme Court on Monday, just days before Election Day, solidifying the conservative majority on the court as it is set to consider several high-profile cases in the coming months. She was sworn in shortly thereafter by Supreme Court Associate Justice Clarence Thomas at the White House.

27.10.2020 - 01:40 [ SRF,ch ]

Supreme Court – US-Senat bestätigt Richterin Amy Coney Barrett

Die Entscheidung fiel mit den Stimmen von 52 republikanischen Mitgliedern des Senats, die 47 Demokraten und eine Republikanerin stimmten dagegen. Mit Barrett bekommen die Konservativen am Obersten Gericht die dominierende Mehrheit von sechs der neun Sitze

25.10.2020 - 23:59 [ theHill.com ]

GOP clears key hurdle on Barrett‘s Supreme Court nomination, setting up Monday confirmation

Senators voted 51-48 to begin winding down debate on Barrett’s nomination. GOP Sens. Susan Collins (Maine) and Lisa Murkowski (Alaska) voted with Democrats against moving forward.

A final vote to confirm Barrett to the Supreme Court is expected to take place by Monday evening, roughly a month after President Trump announced his intention to nominate her to succeed the late Justice Ruth Bader Ginsburg.

25.10.2020 - 23:54 [ Fox News ]

Democrats, trying everything, fail to derail Amy Coney Barrett confirmation

But Barrett is hurtling toward confirmation.

And there’s nothing Democrats can do about it.

21.10.2020 - 22:39 [ Fox News ]

Barrett meets with senators ahead of committee vote on Supreme Court nomination

Senate Judiciary Committee to vote on Barrett‘s nomination Thursday

21.10.2020 - 22:21 [ ORF.at ]

US-Senat stimmt über Richterkandidatin ab

Der Justizausschuss des US-Senats stimmt morgen über die konservative Juristin Amy Coney Barrett als Kandidatin für das Oberste Gericht ab. Ihre endgültige Bestätigung durch den Senat soll am Montag erfolgen.

13.10.2020 - 06:41 [ Christoph Meyer / Twitter ]

Das können wir toppen. Harbarth ist mit 0,0 Jahren Erfahrung als Richter ins Verfassungsgericht manövriert worden. Nach 1 Tag dann Vizepräsident, nach 8 Tagen dann Vorsitzender 1. Senat, nach 1,5 Jahren dann Präsident. Easy.

13.10.2020 - 06:38 [ Jutta Ditfurth / Twitter ]

Gewissermaßen noch Azubi

13.10.2020 - 06:36 [ Annika Brockschmidt, @zeitonline , ZEIT Geschichte, @tagesspiegel / Twitter ]

Amy Coney-Barrett ist seit drei Jahren Richterin. Drei. 3.

13.10.2020 - 06:33 [ CNN ]

5 takeaways from Monday‘s Senate hearing on Supreme Court nominee Amy Coney Barrett

The first day of confirmation hearings for President Donald Trump‘s Supreme Court nominee Amy Coney Barrett featured plenty of fiery speeches — many of them aimed at next month‘s presidential election rather than the nominee herself.

12.10.2020 - 19:20 [ PBS NewsHour / Youtube ]

WATCH LIVE: Judge Amy Coney Barrett Supreme Court confirmation hearings – Day 1

(…)

12.10.2020 - 11:22 [ Tagesschau.de ]

Nachfolge im Supreme Court: Barrett stellt sich dem Senat

Am ersten Tag geht es im Justizausschuss zunächst um die Vorstellung der konservativen Juristin Amy Coney Barrett und einleitende Stellungnahmen. Die Anhörung geht am Dienstag mit der Befragung der Kandidatin weiter.

12.10.2020 - 11:10 [ CBS Evening News / Youtube ]

Amy Coney Barrett‘s confirmation hearing to begin

The Senate Judiciary Committee will hear opening statements regarding Judge Amy Coney Barrett‘s nomination to the Supreme Court beginning Monday morning, kicking off several days of testimony by President Trump‘s pick to replace Justice Ruth Bader Ginsburg. Nancy Cordes has the latest.

06.10.2020 - 19:05 [ Fox News ]

Amy Coney Barrett confirmation hearing to begin Oct. 12 as Senate ramps up COVID precautions

Republicans are hopeful that they can get Barrett confirmed to the high court before Election Day.

03.10.2020 - 12:44 [ Lindsey Graham, US Senator / Twitter ]

Talked to Senator Lee earlier today and wished him a speedy recovery. Look forward to welcoming him back to the @senjudiciary to proceed with the nomination of Judge Amy Coney Barret on October 12.

03.10.2020 - 12:43 [ Tagesschau.de ]

Trotz infizierter Senatoren: Barretts Ernennung soll planmäßig stattfinden

Trotz der Corona-Infektion zweier beteiligter Senatoren soll die Nachbesetzung des freien Postens am Obersten Gericht der USA planmäßig stattfinden. Die Kandidatin Amy Coney Barrett solle wie angekündigt vom 12. Oktober an angehört werden, so der Vorsitzende des Justizausschusses, Lindsey Graham. Die Senatoren könnten daran nach Wunsch auch per Video teilnehmen.

03.10.2020 - 12:33 [ USA Today ]

2 GOP senators test positive for COVID-19 after Trump; Democrats say it‘s ‚premature‘ to move forward with Barrett confirmation hearings

Despite the concerns, Senate Republican leaders say they want to move ahead with confirmation hearings for Barrett, which are slated to begin Oct. 12. Both Lee and Tillis are members of the 22-member Senate Judiciary Committee that will hold the hearings and ultimately decide whether his confirmation will move forward for a vote in the full Senate.

03.10.2020 - 12:14 [ New York Times ]

Positive Tests for Senators Raise Questions About Timing of Barrett Hearings

Two Republican senators on the pivotal Judiciary Committee have tested positive for the coronavirus after attending White House events last week announcing Mr. Trump’s nominee for the Supreme Court, Judge Amy Coney Barrett, throwing the future of her Supreme Court confirmation hearings into question.

03.10.2020 - 12:13 [ New York Times ]

Trump’s Diagnosis Imperils Quick Supreme Court Confirmation Timeline

But by Friday evening, with the White House and Congress in turmoil and two Republican members of the Judiciary Committee, Senators Mike Lee of Utah and Thom Tillis of North Carolina, among those announcing they had tested positive for the virus, it was clear that the challenge had grown steeper.

Top Republicans insisted they would move ahead at an uncommonly swift pace to hold hearings on Judge Barrett’s nomination by Oct. 12, send her nomination to the full Senate by Oct. 22 and confirm her as soon as Oct. 26, eight days before Election Day — even if it meant breaking Senate norms and considering a lifetime judicial nomination by videoconference.

26.09.2020 - 12:05 [ Tagesschau.de ]

Oberstes US-Gericht: Trump will offenbar Barrett nominieren

Trump und die Republikaner wollen den freien Platz im Supreme Court noch vor der Wahl am 3. November besetzen. Die nötige Mehrheit im Senat haben sie offenbar. Möglich wäre eine Abstimmung Ende Oktober.

26.09.2020 - 11:58 [ New York Times ]

Trump Selects Amy Coney Barrett to Fill Ginsburg’s Seat on the Supreme Court

WASHINGTON — President Trump has selected Judge Amy Coney Barrett, the favorite candidate of conservatives, to succeed Justice Ruth Bader Ginsburg and will try to force Senate confirmation before Election Day in a move that would significantly alter the ideological makeup of the Supreme Court for years.

20.09.2020 - 11:49 [ Fox News ]

Trump‘s Supreme Court court pick likely to be Amy Coney Barrett or Barbara Lagoa: reports

The New Orleans native was appointed by Trump to the Seventh Circuit in 2017. She taught law at the University of Notre Dame for 15 years but had no other judicial background, according to the Washington Post.

She believes in originalism, the idea that judges should interpret the Constitution as the Founding Fathers intended.

20.09.2020 - 11:47 [ Tagesschau.de ]

Trump zu Ginsburg-Nachfolge: „Es wird eine Frau“

„Es wird eine Frau sein“, so Trump bei einem Wahlkampfauftritt im Bundesstaat North Carolina. Als mögliche Kandidatinnen nannte er die beiden Bundesrichterinnen Amy Coney Barrett und Barbara Lagoa. Sie würden beide „sehr respektiert“. Er werde seine Wahl vermutlich in der kommenden Woche bekanntgeben.

19.09.2020 - 14:37 [ Bloomberg ]

Amy Coney Barrett Emerges as Front-Runner for Trump Court Pick

Amy Coney Barrett swiftly emerged as an early front-runner to replace Justice Ruth Bader Ginsburg on the Supreme Court among allies of President Donald Trump, who are preparing to press forward with a hotly contested nomination battle on the eve of an election.

Barrett, a U.S. Court of Appeals judge appointed by Trump, is on a list of potential high court nominees Trump updated earlier this month. She was also among the finalists Trump considered before selecting Brett Kavanaugh for the court in 2018.

19.09.2020 - 14:30 [ Fox News ]

Top contenders to fill vacant Supreme Court seat include Coney Barrett, Hardiman

The death of Justice Ruth Bader Ginsburg leaves vacant a crucial seat on the U.S. Supreme Court. Based on reporting prior to her sudden death, here are some of the top contenders to fill that seat, should President Trump choose to nominate someone.

Each of these names is on Trump‘s list of possible nominees, a list he has said he would rely on when making any selection.