While A Terrific Judge, Amy Coney Barrett May Create Electoral Pitfalls For Trump 2020
September 20, 2020 (1y ago)

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Judge Amy Coney Barrett is, by most accounts, the frontrunner to receive President Trump’s third Supreme Court nomination. That has elements of the base fired up. If the President does pick Judge Barrett, his supporters should get behind her 100 percent. Despite her extraordinary qualifications and myriad admirable qualities, however, the right must pause to recognize there are serious political reasons for not selecting Judge Barrett less than a month a half before election day.

There is no denying that, on paper, Judge Barrett is close to the ideal candidate. It would not be too great of an exaggeration to say she has engendered, among certain segments of the president’s coalition, something approaching the left’s “Notorious RBG” hagiography. It is easy to see why. Barrett is the anti-Ginsburg. Both women were rock stars from the moment they entered the legal profession. Both rocketed to the federal bench in their mid-40s to the applause of their respective ideological tribes.

Barrett is the old stock New Orleans belle-cum-Midwestern mother of seven answer to Ginsburg’s Brooklyn-born, Ellis-Island-to-Supreme-Court-in-a-generation American Dream. Barrett’s 30s and early 40s spent as a conservative champion in legal academia is analogized to Ginsburg’s decade as a crusader for the abolition of all sex distinctions in American law. Barrett’s abiding Catholic faith takes the place of Ginsburg’s liberal zeal.

Barrett was executive editor of the Notre Dame Law Review while Ginsburg had the rare distinction of having served on both Harvard and Columbia’s Law Review. Her confirmation would break an Ivy League monopoly that, since Justice John Paul Stevens retired in 2010, has held the Supreme Court in its complete grip for the first time in American history. With Justice Ginsburg’s death, every sitting member of the Supreme Court graduated from Harvard or Yale’s law school, and Notre Dame valedictorian Barrett seems just the woman to shake that up.

No potential nominee, however, is perfect. In Judge Barrett’s case, the aesthetic case for choosing her is so exciting that there is a strong tendency to overlook any lurking pitfalls. In her three years on Seventh Circuit, Barrett has done much to assuage the perennial conservative fear of solid-seeming appointees going soft on the bench. In her majority opinion in Doe v. Purdue University, she delivered perhaps the strongest judicial rebuke yet to public universities’ kangaroo sexual assault “courts” where young men’s lives are destroyed without the benefit of due process. Her dissent in Kanter v. Barr took an expansive and originalist view of Second Amendment rights. And most encouragingly, her scathing dissent in Cook County v. Wolf took two fellow judges, including a George H.W. Bush nominee, to task for acquiescing in Chicago Democrats’ attempt to whittle the legal prohibition on admitting immigrants likely to become public charges down to a meaningless nothing.

Yet some concerns from the right remain well-founded. It cannot be dismissed that, immediately before the 2016 election, she was openly skeptical about the future President Trump and his commitment to appointing conservatives. Furthermore, her determination that Catholic judges are “obliged to adhere to their church’s teaching on moral matters” enthuses some, but may put her at odds with the mainstream of conservative legal thought. Most notably, in 1998, she concluded that Catholics must not permit the death penalty, which the Catechism of the Catholic Church now categorically prohibits, unless “absolutely necessary” and that “as a result of steady improvements in the organization of the penal system, such cases are very rare, if not practically non-existent.”

The greatest potential trouble, however, lies not with lingering doubts from the right, but in the reaction Judge Barrett’s nomination would inspire on the center and left. The very same aspects of her life and philosophy that excite her partisans – her deep faith, her moral principledness, even her adoption of two children from Haiti – play directly into the caricature of conservatives “coming for your birth control” that Democrats have been scaring suburban white women with for decades. Six weeks from this all-important election, President Trump risks giving the left an avenue to rile up the enthusiasm Joe Biden cannot deliver while adding little to his already fully engaged social-conservative base.

The moment Donald Trump nominates Amy Coney Barrett, she will become the center of campaign, the third name on the ticket below President Trump and Vice President Pence. Social conservatives may be up for a bareknuckle fight over Judge Barrett, abortion, and Roe v. Wade. The country, and the swing voters Donald Trump is going to need to keep the White House and the Senate, are not nearly so game.

Far too many of Barrett’s supporters believe her to be, as a woman, immune from the kind of slander and scandal-mongering that very nearly sabotaged Brett Kavanaugh, the best Supreme Court pick since Antonin Scalia and Clarence Thomas. Considering how close the left and the still-present squishy GOP came to destroying the life of a good, morally upright family man over evidence-free gossip about what can only be seen as a very normal American college and high school experience, does anyone really think there is not hay to be made about Judge Barrett’s membership in a Charismatic Christian group that advocates speaking in tongues and designates female members “handmaidens?”

With a Democratic Party that has already shown it has no reservations about reaching into nominees’ religious lives to dig up dirt, conservatives ought not buy into any talk Barrett’s confirmation would be uncontroversial or a forgone conclusion, even without the “Merrick Garland question” hanging over the proceedings.

It will be difficult enough to get President Trump reelected in November without having to, in effect, get Amy Coney Barrett to the Supreme Court at the same time. As much as her candidacy excites many of us, we should not let that enthusiasm delude us into believing she is going to have mass democratic appeal outside of conservative circles. As much as we would like to see a justice like Amy Coney Barrett sitting on the Supreme Court, if figuratively adding her to the ticket costs President Trump the White House it will not be worth the exchange.

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tim
1 year ago

I hope and trust that President Trump will make the best choice irregardless of the politics, and that means Amy Coney Barrett.

lee
1 year ago
Reply to  tim

WRONG WRONG WRONG
Reality Check: In April 2020 she was Deciding Vote to legitimize the IL govt lock downs Voiding the Constitution = RED LINE crossed !!!

David
1 year ago

The question is who’s the best person for the job.

Basing decisions like these on politics is what the Mitt Romneys and John McCains of the world would do. Maybe Trump will lose if he picks Coney Barrett, but maybe he would lose anyway. Or maybe he won’t and we’ll have a repeat of 2016.

The President should nominate the best candidate, and have faith that it will all work out.

zaq
1 year ago

…her adoption of 2 children from Haiti…

– – –

The Right’s version of Virtue Signaling: See? I can’t be ray-ciss because I have 2 chillunz-ub-color!
Far as I’m concerned, the adoption alone … NOT because the chillunz is colored, but BECAUSE it’s VIRTUE SIGNALING … is a good argument AGAINST her.

dually
1 year ago
Reply to  zaq

This was my exact initial thought. She seems to be a cultural progressive – this, we don’t need.

tim
1 year ago
Reply to  zaq

Adopting children is a virtue, not virtue signaling, because it involves actual sacrifice.

Johnny
1 year ago
Reply to  tim

Then adopt children of your own race. Children who look like you. Amy Barrett could have adopted white kids, but she snagged two props from Haiti. They’ll grow up to be Colin Kaepernicks.

BadThinker
1 year ago
Reply to  Johnny

Exactly this. Take care of your own house before going and ‘saving the world’, one colored child at a time. David French, call your office.

Lagomorph3447
1 year ago
Reply to  Johnny

I think you have Jesus and David Duke confused.

Eric
1 year ago
Reply to  tim

Don’t feed the trolls

Santa Cruz Mountains Man
1 year ago
Reply to  tim

At one point it was beneficial. Actually Now it’s just cultural engineering and while once less worrisome is today pretty much child trafficking. Having Haitian abductees is particularly worrisome given our government’s dark history there with those children. Second Roberts is also involved in child trafficking. That’s just weird. If parents can have their own children they should. It’s a moral disservice to their biological children to go snatch more children of a different race and mix them.

The best case scenario is virtue signaling. I think this is darker. Notice even the globalist RINOs are backing this now. That’s never ever good.

Ross
1 year ago

Agreed. Amy Barrett has been on the federal bench for two years and two months; 43 Senators opposed her confirmation.

A far, far better choice would be Amy St. Eve, an 18-year veteran of the federal bench, though she is only 54. Her 2018 appointment to the same federal appeals court Barrett serves was confirmed UNANIMOUSLY. Law 360 calls her judicial reputation “towering.” When Trump was a defendant in her court in 2013, she repeatedly scolded him, yet ruled in his favor. She never allows her personal feelings cloud her judgement and forcefully eschews legislating from the bench. Democrats would look hypocritical opposing her now when they all voted for her two years ago.

No, St. Eve is not on “The List”, which was produced by right-wing single-interest group reps and the fraternally elitist Federalist Society. Under current conditions, the President must go beyond the “dream picks” of such groups. He must put forward his strongest candidate.

Brooklyn Dave
1 year ago
Reply to  Ross

Thank you for the insight of your post. Unfortunately, 2+ years on the federal bench pales in comparison to the 18 years St. Eve possesses. I am not saying Barrett is unqualified, but from a resume comparison, St. Eve looks steadier.

Vox Optimatium
1 year ago
Reply to  Ross

Law360 is a left-wing, subscription-based legal news service. On what basis did they describe her judicial reputation as “towering”? A poll of their subscribers?

Your capitalized point that she was unanimously confirmed (91-0, incidentally) is an excellent point insofar as it reminds us that not a single democrat senator opposed her confirmation in May, 2018. Imagine that… just two years ago at the height of the Mueller Investigation, not a single dem opposed her elevation to the Seventh Circuit.

As for the Federalist Society, what the heck is wrong with a right-wing special interest group? Elitist? The Federalist Society has 70,000 members across the USA. If that’s elitist, where can I sign up? As for their results, they’ve given us Thomas, Scalia, Alito, Gorsuch, and Kavanaugh — a splendid record by any measure.

Latinvs
1 year ago

Revolver: The democrats will attack her because her as a pick will imply religiously motivated judicial repression to the progress white women has made for USA.

I guess when democrats attack, they better hide Ilhan Omar and Rashida Tlaib.

PHenry
1 year ago

So your point is that the Resident should appoint a squishy judge who may appeal to some “centrist and leftists.” No thank you. We’ve had enough of those. We need conservatives who are not ashamed to be conservative just like the infamous RBG was not ashamed to be a “progressive.”

Jay Reezy
1 year ago

Can we please get over the cowardly “Oh no, this might make the left mad!” thinking? They already are! You strike, now, while your enemy is weak. You spike the football to energize your own base and demoralize theirs. If you give the left hope that ACB might NOT be on the bench before 2021, then you give the left all the more reason to fight harder.

It’s time to crush them, now. There will be plenty of time for Civil War II later on.

PETER
1 year ago
Reply to  Jay Reezy

It’s not The Left we care to appease. Rather, we must not lose suburban white women, who WILL vote for us out of fear of nig– uh, out of fear that African-American, totally equal, fellow citizens will mostly peacefully protest by coming into the suburbs and peacefully murdering them and taking their homes! We can’t afford to lose them when most of the other female candidates are just as good, if not better, but without the baggage.

Bobby Carl
1 year ago
Reply to  PETER

This comment is pure troll BS. Get your soros funded agitprop out of here. Conservatives don’t stoop to the level of false flag racism (never even have to consider it because the lefts soft bigotry and white-man’s-burden virtue signaling is ever present)

Santa Cruz Mountains Man
1 year ago
Reply to  PETER

While I think you’re earnest, it’s farcical to give a rip what they Karen’s (suburban white women) want. Because they’re leftists in all but name. There’s no appeasing or compromising with them. They’re the tools of the left and aren’t even aware. Better to ignore them or just give them lip service and emotional arguments as they only respond to emotional arguments. You could literally say to them a bunch of drivel they want to hear and they buy it.

B
1 year ago

On the other hand, ACB’s nomination forces Dems to launch inevitably deranged attacks on a woman with whom one of their key but vulnerable demographics, suburban women, would like to have brunch. Filling the seat before the election may also deflate the excitement felt by some Dem voters to replace RGB with another leftist. Would these forces negate the impact of anti-Barrett negative partisanship? Hard to say.

What’s certain is that adding another conservative to the court will be hugely advantageous should a contested election need to be resolved by SCOTUS. Consider it an insurance policy against Dem electoral shenanigans.

The Trump administration should focus on nominating the furthest right candidate given the constraints of a weak-kneed GOP senate. Damn the Dem threats, they’ll go scorched earth no matter the nominee. The electoral considerations are too uncertain to be given much prominence in the calculus.

Brooklyn Dave
1 year ago

I would take my chances with Barrett. I sense there is a little too much worry about the middle class suburban white woman who are possible votes for Trump. If abortion is very high on their priorities, they will not vote for Trump anyway. So why hang your hat on a maybe hook? I think Judge Barrett has been so focused on her career and then family, like Judge Ginsburg, she had no space nor place for personal shenanigans. Both of their personal lives seem to be/have been in order. With the passing mention of Judge Barrett’s involvement with a Christian group that speaks in tongues, is she still a Catholic, or is it that she was raised one and went to Notre Dame (not a very exemplary Catholic institution these days)?

littlewing
1 year ago

I don’t like her adoption of foreign kids, she will be soft on immigration.
Give me the tough fighting Cuban gal from Miami who hates communism because she knows it intimately.

Juan
1 year ago
Reply to  littlewing

The Cuban will be soft on immigration because she’s brown like the immigrants

littlewing
1 year ago

Plus the Cuban gal is from Florida which is a must win state for Trump.

Anthony DePalma
1 year ago
Reply to  littlewing

FL is already in the bag. Biden can’t win there no way no how

Son of Victory
1 year ago

IMHO President Trump needs to nominate the judge who most exemplifies the principles and values of the right. Any appeasement of the left will only hurt the course correction needed in America. Believe in the cause and act accordingly.

GlockWorkOrange
1 year ago

This pick will far outlast a Trump presidency.

It is more important than electing Trump again.

An unpopular opinion, but true.

Mike G
1 year ago

If the Kavanaugh nonsense taught us anything, it has to be that there is no place to low and vile the left will not go to destroy their opponents and that would include this fine woman.

Shrugged
1 year ago

You stated, “It cannot be dismissed that, immediately before the 2016 election, she was openly skeptical about the future President Trump and his commitment to appointing conservatives.”

Any reasonable conservative had the same doubts before the 2016 election. Trump had many signs of being a New York liberal running as a republican and very little to nothing in his history as being “conservative”. There were many reluctant voters for Trump at that time. Some just didn’ vote at all because both choices at that time were concerning.

Fast forward to 2020? Trump has done an amazing job! He deserves tremendous credit for fighting fights nobody else would fight – INCLUDING MOST MAINSTREAM REPUBLICANS. He will go down as one of the greatest contributors to American liberty.

NOBODY knew that in 2016.

L.A.
1 year ago

Trump voters are TIRED of being shafted with picks that turn out to be pro-abortion government expansionists making up laws from the bench. The real danger is that pro-lifers will stay home Nov 3. That is more likely than pro-abortion women suddenly voting for President Trump.

Elections have consequences, and the President (and members of the Senate) must remember that they pledged to advance policies and court pick that reflect their voters’ best interests.

Don’t forget blue-collar workers won President Trump the last election. Immigration has destroyed their livelihoods and jobs, and the Supreme Court decides on cases like DACA. So a better question would be what are the candidates’ views on illegal immigration?

Tom SteChatte
1 year ago
Reply to  L.A.

Trump is 100% pro “el cheapo” labor. He has accomplished absolutely nothing to limit/reduce the flow of illegal labor in the food, construction, and dope industries; and 80% of our durable goods are still made in fascistic countries who enslave their workforces. Trump throws a superfluous bone to deluded America Firsters, utilizing the predictable Bolshevik Media to melt down with TDS and reinforce the false narrative that he is actually accomplishing anything. But economic statistics are annoying little indicators. Too bad neither side want to look at them. We are screwed.

Packard
1 year ago

Whomever President Trump decides to nominate, that woman should prepare herself for “the Kavanaugh Treatment X 10.” Yes, it will be that ugly and more.

No lie, no slander, no blood libel, and certainly, no sworn perjury will be off the table for any of the Democratic Party elected senators and their MSM supplicants. Imagine the most vile things that can be said or written about a sitting federal justice with seven children, and then count on a half dozen Julie Swetniks, Christine Blasey Fords, and Jussie Smollett’s to show up to swear under oath that they personally witnessed any and all of these fantasy events.

[“If they bring a knife, we bring a gun.” President Barack H. Obama to his supporters]

Anthony DePalma
1 year ago

No Chance Trump loses look at the enthusiasm. They aren’t stealing enough votes and a conservative judge rocks the political landscape. Be bold get err done!

Frank Shekelstein
1 year ago

Women in Political positions is totally stupid. The order for being told what to do should be God > Man > Woman. Picture the garden of Eden. The devil told the woman it would be fun to go against the God. Since women just do what they feel they want to, she then went to the man and lured him to do the same.
Women should have not been allowed in Politics ever. But I’m still a Trump supporter, I know he’s just trying to get the Women’s vote.

Smiles+Light
1 year ago

If Pres. Trump nominates Amy Coney Barrett he will win! He’ll do it for no other reason than to reward his base and the young conservatives that are so excited by Trump. And that is the most powerful reason he can have to pick her. The story already leaked through Watters World over the weekend. Notice the demographic of that Fox show. And I say Barrett is the best pick anyhow. We are not going to appease an ungrateful Left anymore who are profaning civil political discourse and cover up the worst abuses with their soon to crushed political power plays. Any pick will be confirmed along party lines including her. And Barrett is the most powerful pick and Pres. Donald Trump sees that clearly.

Darren
1 year ago

Jews are in panic mode that they do not want ACB.
Darren beattie needs to give it a rest!!

James
1 year ago

Amy Coney Barrett will be a Liberal on the Supreme Court. I would hope President Trump nominates Barbara Lagoa.

MaleFeels
1 year ago

F*** the satanic left.
Appeasing terrorists is suicide.

She is female, that is more than enough concession to failed modernity.

sue irons
1 year ago

interesting

John
1 year ago

Politically a latina candidate would be a better choice….

lkh
1 year ago

get over it.. either get behind it or shut the hell up

Truth Freedom
1 year ago

Amazing thing about this event is that ALL will be revealed by their decisions.
Those who push for lukewarm middle ground expose themselves as traitors or fools.
Romney realizes he is done if he goes full out against this and even he is hedging his bets.
i am new to revolver news and saddened but glad they are exposing themselves on this story

Tangerine Adams
1 year ago

When Braveheart becomes Chickenheart.

Tangerine Adams
1 year ago

If this Bade woman is liked enough by Washington to get confirmed THAT EASILY, she sure is NOT someone who should be on the Supreme Court.

Scot Wolf
1 year ago

The originalist view is abortion is a matter of state law. Totally diffuses the panic.

Wayne
1 year ago
Reply to  Scot Wolf

My view is without abortion we end up with 12 million more BLM activists a year. That 13% of the population is a stable 13% for a reason. We don’t need to make it higher.

Tom SteChatte
1 year ago

The Despicably Evil Marxist Oppressor Nihilist Senators (DEMONS) will attempt to destroy anyone Trump appoints. Therefore it should be easy for him to choose, so he should choose now. Each day of the news cycle leading up to the election will add thousands of votes into the “Republican” down-ballot, as the DEMONS chomp at another predictable, foul-mouthed, unhinged, Kavanaugh-style assassination on another decent public servant.

Aaron
1 year ago

I implore revolver.news to do more research on Amy Barrett before endorsing her. Covid-19 has seen unprecedented power grabs and civil liberty encroachments by politicians. Many have attempted to correct these abuses in the courts, but many judges are using the 1905 “Jacobson v. Mass” horrible ruling to defend these power grabs. John Roberts in particular has been known to use this ruling to justify Covid Fascism. Amy Barrett is on recording praising Jacobson. She also ruled against the Illinois GOP when they attempted to challenge the power of the Illinois Governor’s lockdowns. She’s horrible…we need to speak out against her.

Tom SteChatte
1 year ago
Reply to  Aaron

Trump would’ve already made his top pick right after confirming Kavanaugh, and the only thing that would change that pick would be if he thinks someone else (like a Cuban) could get him more electoral votes on Nov 3. Trump is about Trump’s ego first, and MAGA doesn’t have a formula beyond that. Intelligent, vetted constitutionalists on the Supreme Court? Yeah, sure, it’s in the back of Trump’s mind, but it’s not like Trump even realizes there is–due to end-to-end perversion of our Constitution–an existential threat to the USA, much less that it is imminent.

Tom SteChatte
1 year ago

I am not keen on a culty, pope-worshipping, anti-capital-punishment, stare-desisis-avowing, surname-doubling Catholic being on the Bench. Kavanaugh is Catholic, but none of those other things. If Amy Barrett’s supposed great legal mind can’t overcome such religious/social conflicts, then she should stay home with her 40 kids and churn butter for the local homeless shelter, or whatever. Geez, Trump, could you please just give us someone without huge gaping flaws in jurisprudence?

Bobby Hill
1 year ago

She’s a centrist at heart who will fold on important rulings because she’s “constitutional.” We need an actual right wing radical with extreme bias on that seat. Not some woman with black adopted kids and a record of being a bleeding heart. Just wait in a year tops she’ll rule we let every brown horde into this country because of their children and being “good Christians.” Then she will uphold that trannies can marry or some nonsense because “Constitutional, in the privacy of your own home.” Conservative Inc is worse than the liberal nuts.

Tom SteChatte
1 year ago
Reply to  Bobby Hill

Right, and especially if Comrade Popo tells her to. No thanks.

Ray O'Light
1 year ago
Reply to  Bobby Hill

Bobby Hill, you put a round in the bull’s eye.

Proudly Unaffiliated
1 year ago

PANIC in DC!

BadThinker
1 year ago

Nope. Nope. Nope. Child trafficking foreign ‘orphans’ instead of taking care of her own people.

harold
1 year ago

thanks for not being druge like

Joe
1 year ago

She would be Judge Bork’s Revenge, and drive the left absolutely ballistic. The best choice.

Michael Meyers
1 year ago
Reply to  Joe

The Best Choice for virtue signaling idiots.

Chip
1 year ago

If Trump tries to put anyone on, the pinkos are going to try and pack the court whenever they get the chance.

Mail ballots are going to F up this election to the point that a legit election might be impossible.

Which is better, don’t nominate anyone and still get F’d over in the election with a 4-4 tie in the SC?

With this woman on the court, the country will be better off regardless of how crooked the election turns out to be.

The election isn’t a given……. her on the court would be.

NOMINATE AND VOTE !!!!

CLane
1 year ago

Just attempting to put anyone on the court will start the burning of cities. We will see how the voting turns out then.

Dan
1 year ago

We cannot let the lawless violent terrorism of the left’s surrogates of ANTIFA and BLM control the way we run our Republic. To act differently because of their threats is letting them win. We must stand strong against terrorism from the left.

Wally
1 year ago

I’d go with Lagoa instead.

J Rijntjes
1 year ago

Article seems to overlook the consequences of not nominating and confirming before the election:Ending up with a tied Supreme Court in the face of the deluge of cases the Transition Integrity Project is planning for.
It would be a deriliction of duty not to confirm before the election. That would amount to inviting chaos with no way out.

JJ
1 year ago

You can bet you last dollar that this election will be settled in the supreme court.

AAD
1 year ago

I respectfully disagree with the premise of this oped piece. Essentially, what you’re saying here is America would be better off with another pandering judge like Roberts if that’s what it takes to ensure Trump gets a second term. But whoever Trump appoints to the SCOTUS will shape America’s cultural and legal system for decades, whereas Trump is done in four years, even if he gets re-elected. We need to think decades past November. We need him to appoint a strict origionalist and textualist judge, no matter what.

Lkh
1 year ago

Stupid nevertrumper argument. Progressive propaganda bullshit!

We MUST Win
1 year ago

I do not care about the sex of the nominee whatsoever. Pick the best Constructionist, period.

Heather Brenner
1 year ago

The Constitution has no requirement that there be confirmation hearings. All the ladies on Trump’s short list have been confirmed by the Senate in the past few years. Therefore, McConnell should short-circuit a reprise of the Kavanaugh circuit by skipping the hearings and just having a vote. Yes, the left will riot, but they have been doing that all summer, and they will do it more no matter who Trump nominates.

Sal
1 year ago

Best to pick judge from Florida, we need Florida in the win column.

Kingo Gondo
1 year ago

I know the SoCons want Barrett, and I think all other things being equal she is Trump’s first choice. But all other things are far from equal.

Trump is in a desperate re-election race. Lagoa is from Florida, a state Trump almost certainly must have. More importantly, the optics of the Democrats having to take clubs and axes to a first generation American Latina success story will serve Trump well elsewhere.

Barrett was a controversial choice for the Court of Appeals, approved only 55-43, along almost exclusively partisan lines. Lagoa, on the other hand, was approved 80-15 just last November, and something like 2 dozen (or more) Dems will have some ‘splaining to do. They can “Karen” Barrett all day long, but good luck avoiding another “high tech lynching, no, rape this time” if they come after Lagoa like that.

She is the smart pick.The SoCons will still show up for Trump Nov. 3, no matter what.

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