re: #116 KGxvi

I know a lot of people are going to try and focus on “outcome” questions, but I think we would be better if we pressed on “process” questions - that’s ultimately what did Bork in. Ask questions like “what unenumerated rights exist under the ninth amendment? which branch of government is best suited to determine those rights?” Or things like “when investigating the purpose of a law and its constitutionality, what sources would you look at or consider? The Congressional record? Public statements of politicians? Presidential signing statements?”

Those are the sorts of questions that will tell us a lot more about what kind of justice the nominee would be.

I agree that Democrats need to do their homework and do what they can in the hearings.

But realistically, Barrett will lie like a rug and get confirmed on a party line vote.

The only open question is the timing — confirmation before or after the election.