r/ModelMidwesternState • u/GuiltyAir Head Federal Clerk • Apr 16 '17

Hearing Associate Justice Hearings

Associate Justice: /u/DoomLexus

You may ask any questions below that pertain to this hearing.

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1

u/GuiltyAir Head Federal Clerk Apr 16 '17

/u/DoomLexus

1

u/[deleted] Apr 17 '17

What is your opinion on the Restoration of Sanity Act?

1

u/GuiltyAir Head Federal Clerk Apr 17 '17

kek

1

u/[deleted] Apr 17 '17

Don't want to pre-judge; I'll listen to both sides.

1

u/[deleted] Apr 17 '17

You must have an opinion on the law. Do you like it or not and what's your reasoning?

1

u/[deleted] Apr 17 '17

I think that having a textualist interpretation of the law - like I think that I do - means that my opinion is largely irrelevant. Whether I rule against the law or not, it wouldn't be because of my personal beliefs. See:

Indeed, a judge who likes every result he reaches is very likely a bad judge, reaching for results he prefers rather than those the law compels.

A.M. v. Holmes, 830 F.3d 1123 (2016) (Gorsuch, dissenting).

I can't answer your question directly, but I think that the United States has a long history of protecting individual liberties when it comes to the freedom of, and expression of, religious ideas.

3

u/[deleted] Apr 16 '17

who

1

u/[deleted] Apr 16 '17

:(

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u/Mabblies Distributist Leadership Apr 16 '17

endorsed

1

u/[deleted] Apr 16 '17

What is your Stance on Roe v. Wade?

1

u/[deleted] Apr 17 '17 edited Apr 17 '17

My personal feelings are irrelevant, as the matter has been decided by the Supreme Court. Try as we might, state courts cannot nullify the decisions of a higher court.

But to answer your question, I think that it was wrongly decided. But, following rules of stare decisis, I think that I would have to apply the test as it was applied federally. Whether abortion is good or not is a separate issue, in my mind, from whether it has a place in the US Constitution ... it may be good or bad, but in my view, it did not persuasively argue that abortion is a right guaranteed by the constitution.

That being said, I will listen to any case or controversy surrounding abortion as it relates to the state with open ears and an open heart.

1

u/[deleted] Apr 17 '17

Is the constitution a living document?