Amy Coney Barrett refrained Wednesday from saying whether she believes the Social Security and Medicare programs are constitutional.
Asked broadly if she agrees with scholars who say Social Security and Medicare exceed the government's power under the Constitution, Barrett said she couldn’t answer because she hadn't reviewed the arguments and that such a lawsuit could become before her.Feinstein sounded surprised at her evasion."It's hard for me to believe that's a real question,” the senator said. “The Medicare program is really sacrosanct in this country.
The Supreme Court's precedents over time have reflected a decisive preference for surgical severance rather than wholesale destruction, even in the absence of a severability clause. From Marbury v. Madison to the present, apart from some isolated detours mostly in the late 1800s and early 1900s, the court’s remedial preference after finding a provision of a federal law unconstitutional has been to salvage rather than destroy the rest of the law.
Sen. Dick Durbin, D-Ill., referred to a question asked by Feinstein on Tuesday about whether the president has the authority to unilaterally delay an election under any circumstances, to which Barrett had answered that she wouldn't be a"legal pundit."
Source: Law Daily Report (lawdailyreport.net)
To be clear regarding the AmyConeyBarrett SCOTUS hearing- It's not that she CAN'T answer the questions (which she keeps repeating), she certainly can. It's that she is choosing not to answer them.
I am an avid MSNBC watcher. I will Boycott MSNBC from now on
She never answered the first round.
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