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The Textualists!


There has been some discussion about Amy Coney Barrett joining a 7CA panel opinion overturning a jury verdict holding (David Clarke’s) Milwaukee County liable for a county prison guard who repeatedly raped a pregnant prisoner. Some of the initial reports were sensationalistic and didn’t make it clear whether this was a case of bad judging or bad law.

In this case, it was the former; the judges essentially had to both ignore the facts and re-write the relevant statute to overturn the jury verdict:

So, she’ll be doing exactly what she’s being put on the Court to do; side with the powerful over the powerless, and if that’s not what the law says so much worse for the law.

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