Judge Amy Coney Barrett testifies during the third day of her Senate confirmation hearing to the Supreme Court on Capitol Hill in Washington, DC, U.S., October 14, 2020. Michael Reynolds/Pool via REUTERS/File PhotoWASHINGTON, July 4 - Conservative Justice Amy Coney Barrett in a March public appearance alongside liberal Justice Sonia Sotomayor said that one way to promote compromise on thehas broad immunity from prosecution for official acts taken in office.
"Justice Barrett seems likelier than others to use that flexibility to decide less, or to leave an issue for later resolution, especially if she thinks that deciding more would require the court to settle a bunch of open questions about how to implement a more sweeping approach," Girgis said. "The Constitution does not require blinding juries," Barrett wrote, offering the hypothetical situation of a former president being prosecuted for seeking or accepting bribes. Barrett noted that "excluding from trial any mention of the official act connected to the bribe would hamstring the prosecution."
The court's majority could have stopped there, but it further decided that the constitutional provision at issue can be enforced only through future legislation passed by Congress. Barrett refused to join that part. Opinions in politically charged cases, Barrett wrote, "should turn the national temperature down, not up."
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