Barrett’s Notre Dame faculty colleagues: Stop this

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star chamber
Go back to Common Law traditions? There was the Star Chamber.

An open letter to Judge Amy Coney Barrett from your Notre Dame colleagues

October 10, 2020

Dear Judge Barrett,

We write to you as fellow faculty members at the University of Notre Dame.

We congratulate you on your nomination to the United States Supreme Court. An appointment to the Court is the crowning achievement of a legal career and speaks to the commitments you have made throughout your life. And while we are not pundits, from what we read your confirmation is all but assured.

That is why it is vital that you issue a public statement calling for a halt to your nomination process until after the November presidential election.

We ask that you take this unprecedented step for three reasons.

First, voting for the next president is already underway. According to the United States Election Project (https://electproject.github.io/Early-Vote-2020G/index.html), more than seven million people have already cast their ballots, and millions more are likely to vote before election day. The rushed nature of your nomination process, which you certainly recognize as an exercise in raw power politics, may effectively deprive the American people of a voice in selecting the next Supreme Court justice. You are not, of course, responsible for the anti-democratic machinations driving your nomination. Nor are you complicit in the Republican hypocrisy of fast-tracking your nomination weeks before a presidential election when many of the same senators refused to grant Merrick Garland so much as a hearing a full year before the last election. However, you can refuse to be party to such maneuvers. We ask that you honor the democratic process and insist the hearings be put on hold until after the voters have made their choice. Following the election, your nomination would proceed, or not, in accordance with the wishes of the winning candidate.

Next, the late Justice Ruth Bader Ginsburg’s dying wish was that her seat on the court remain open until a new president was installed. At your nomination ceremony at the White House, you praised Justice Ginsburg as “a woman of enormous talent and consequence, whose life of public service serves as an example to us all.” Your nomination just days after Ginsburg’s death was unseemly and a repudiation of her legacy. Given your admiration for Justice Ginsburg, we ask that you repair the injury to her memory by calling for a pause in the nomination until the next president is seated.

Finally, your nomination comes at a treacherous moment in the United States. Our politics are consumed by polarization, mistrust, and fevered conspiracy theories. Our country is shaken by pandemic and economic suffering. There is violence in the streets of American cities. The politics of your nomination, as you surely understand, will further inflame our civic wounds, undermine confidence in the court, and deepen the divide among ordinary citizens, especially if you are seated by a Republican Senate weeks before the election of a Democratic president and congress. You have the opportunity to offer an alternative to all that by demanding that your nomination be suspended until after the election. We implore you to take that step.

We’re asking a lot, we know. Should Vice-President Biden be elected, your seat on the court will almost certainly be lost. That would be painful, surely. Yet there is much to be gained in risking your seat. You would earn the respect of fair-minded people everywhere. You would provide a model of civic selflessness. And you might well inspire Americans of different beliefs toward a renewed commitment to the common good.

We wish you well and trust you will make the right decision for our nation.

Yours in Notre Dame,

John Duffy, English

Douglass Cassel, Emeritus, Law School

Barbara J, Fick, Emerita, Law School

Fernand N. Dutile, Professor of Law Emeritus

Joseph Bauer, Emeritus, Law School

Jimmy Gurulé, Professor of Law.

Thomas Kselman, Emeritus, History

Catherine E. Bolten, Anthropology and Peace Studies

Karen Graubart, History and Gender Studies

Margaret Dobrowolska, Physics

Aedín Clements, Hesburgh Libraries

Cheri Smith, Hesburgh Libraries

Antonio Delgado, Physics

Atalia Omer, Peace Studies

Eileen Hunt Botting, Political Science

Jason A. Springs, Peace Studies

David Hachen, Sociology

Manoel Couder, Physics

Jacek Furdyna, Physics

Carmen Helena Tellez, Music

Kristin Shrader-Frechette, Biological Sciences, Philosophy

John T. Fitzgerald, Theology

Debra Javeline, Political Science

Philippe Collon, Physics

Cara Ocobock, Anthropology

Amy Mulligan, Irish, Medieval Studies and Gender Studies

Stephen M. Fallon, Program of Liberal Studies and Dept of English

Jessica Shumake, University Writing Program and Gender Studies

Mandy L. Havert, Hesburgh Libraries

Dana Villa, Political Science

Stephen M. Hayes, Emeritus, Hesburgh Libraries

Catherine Perry, Emerita, Romance Languages & Literatures

Olivier Morel, Film, Television, and Theatre.

Darlene Catello, Music

Encarnación Juárez-Almendros, Emerita, Romance Languages & Literatures

James Sterba, Philosophy

Laura Bayard, Emerita, Hesburgh Libraries

Susan Sheridan, Anthropology

Mary E. Frandsen, Music

Mark Golitko, Anthropology

Christopher Ball, Anthropology

Gail Bederman, History

G. Margaret Porter, Emerita, Hesburgh Libraries

Cecilia Lucero, Center for University Advising

Peri E. Arnold, Emeritus, Political Science

Amitava Krishna Dutt, Political Science

Julia Marvin, Program of Liberal Studies

Julia Adeney Thomas, History

Michael C. Brownstein, East Asian Languages & Cultures

Christopher Liebtag Miller, Medieval Institute

Maxwell Johnson, Theology

John Sitter, Emeritus, English

Robert Norton, German

Hye-jin Juhn, Hesburgh Libraries

Denise M. Della Rossa, German

Sotirios A. Barber, Political Science

Pamela Robertson Wojcik, Film, TV and Theatre

Jeff Diller, Mathematics

Ann Mische, Sociology and Peace Studies

Zygmunt Baranski, Romance Languages & Literatures

Robert R. Coleman, Emeritus, Art History

William Collins Donahue, German, FTT, & Keough

Sarah McKibben, Irish Language and Literature

George A. Lopez, emeritus, Kroc Institute

Mark Roche, German

Nelson Mark, Economics

Vittorio Hosle, German, Philosophy and Political Science

Tobias Boes, German

A. Nilesh Fernando, Economics

Fred Dallmayr, Emeritus, Philosophy and Political Science

Greg Kucich, English

Kate Marshall, English

Mark A. Sanders, English

Christopher Hamlin, History

Meredith S. Chesson, Anthropology

Ricardo Ramirez, Political Science

Stephen Fredman, Emeritus, English

Dan Graff, History and the Higgins Labor Program

Henry Weinfield, Program of Liberal Studies (Emeritus)

Mary R. D’Angelo, Theology (Emerita)

Asher Kaufman, Kroc Institute, History

Stephen J. Miller, Music

Janet A. Kourany, Philosophy and Gender Studies

Michelle Karnes, English

Jill Godmilow, Emerita, Film, Television & Theatre

Mary Beckman, Emerita, Center for Social Concerns

Clark Power, Program of Liberal Studies

Richard Williams, Sociology

Benedict Giamo, Emeritus, American Studies

Ernesto Verdeja, Political Science and Peace Studies

Catherine Schlegel, Classics

Margaret A. Doody, English, Professor Emerita

Marie Collins Donahue, Eck Institute of Global Health

David C. Leege, Emeritus, Political Science

 

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