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'Did You Say That?': John Kennedy Questions Biden Nom On 'Racist White Southerners' Quote | Forbes Breaking News | YouTubeToText
YouTube Transcript: 'Did You Say That?': John Kennedy Questions Biden Nom On 'Racist White Southerners' Quote
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This content details a Senate Judiciary Committee hearing where Senator John Kennedy questions Nancy Abudu, a nominee for the U.S. Circuit Judge position, focusing on her past statements and understanding of legal doctrines, particularly concerning voting rights and the Southern Poverty Law Center's (SPLC) reports.
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i'm brittany lewis with forbes breaking
news at today's senate judiciary
committee hearing senator john kennedy
questions nancy abudo nominee to be
united states circuit judge for the 11th circuit
circuit
after a series of rapid fire legal
questions kennedy asks ibudu about a
2021 instance where southern poverty law
center uses the term racist white
southerners in a report regarding
louisiana's alleged infringement on
minorities voting rights
nancy obudu serves as the splc strategic
litigation director here's the exchange
thank you mr chairman uh judge ms abudhu
uh congratulations i want to just talk
to you at least initially a little bit
about the law um
um
mr budu what what is the
what's the adequate and independent
state grounds doctrine
thank you senator kennedy you're welcome
in my practice i actually haven't had an
opportunity to use that principle or
doctrine but my general understanding is
that it speaks to the fact that if a
federal court is able to resolve an issue
issue
based on state law grounds then that is
what should lead in terms of the court's
ultimate decision okay what is the
selective incorporation doctrine
that also in the voting rights or civil
rights context is a term that i haven't
had to come across
but what i do know is that as a legal
research and writer and for sure
confronting possibly
new areas of law i look very forward to
doing my due diligence in terms of
making sure i'm familiar with doctrines
such as that one
do you know what it is so no i'm not
familiar with it
okay you're going to see a lot of it if
you're confirmed on the 11th circuit um
can congress pay it past any law that
based on the frame of your question i
would say yes that sounds right so you
think congress has plenary power well i
would first look to what the supreme
court has said in terms of following
precedent no but i'm i'm i'm interested
if i
could uh counseling your opinion
is the united st does the united states
congress have delegated powers or
plenary power
well the congress has both i would say
from my general understanding again it
depends on the context and the issue but
it is
can you explain the difference to me
between strict scrutiny and intermediate scrutiny
scrutiny
senator strict scrutiny is the highest
level of scrutiny that's often applied
in constitutional cases
i'm sorry go ahead excuse me so it
requires that a state when enacting a
law or regulation have a compelling
governmental interest for doing so and
that the law is narrowly tailored to
achieve that interest okay and then
intermediate did you see yeah okay so intermediate
intermediate
speaks to the issue of having a
substantial interest or uh
that is or an important governmental
interest that is substantially related
okay do you believe that the meaning of
the constitution is immutable
or does it change over time
senator i would say that the supreme
court in some cases has analyzed that
issue and the response really does
depend on the context and the issue but
what the court does or has done in its
approach of course is look to the plain
meaning of the of a statute or of the
constitution because that really is
where the inquiry should start and if
the language is plain then that is where
the inquiry can end okay thank you for that
you were involved in a 2021
report
from the
southern poverty law center about voting
in louisiana um
did you say quote
racist white southerners
close quote and quote hostile white
voters and governmental officials in louisiana
louisiana
continue to make local peddling places
and early voting locations
threatening spaces for black voters did
you say that
senator i do not believe that i said
that i haven't read that publication and
some help write it
i helped to draft the publication and
approved it but i'm not familiar with
that language no okay uh
uh
in that same report did you say well
tell me
where in louisiana
uh loc local polling places and early
voting locations are threatening
african-american voters you said it so
which polling places
so again senator obviously i don't have
that report in front of me to be able to
read and remind myself of uh
the examples that might have been shared
but what i can say is that louisiana let
me cut you off because i'm gonna run out
of time counselor let me ask you one more
more
in august 2021 we're not talking 20
years ago we're talking 2021.
you were involved in another report by
the splc
and you said that voter identification
photo id to vote is burdensome
and does not serve
any legitimate state interest do you
really believe that senator
identification for voting yes but first
do you really believe that you said it
you meant it
this supreme court in crawford v marion
county has already upheld voter id laws
this person yeah but you said it didn't
serve any legitimate state interest do
you believe that again senator without
that language in front of me it's hard
to understand you should attack here it
is august 2021.
well there are cases asking you to
explain to me why
having to prove you are who you say you
are before you vote doesn't serve you
said it doesn't serve any legitimate
state interest
i'm just asking to explain that
statement to me
i understand senator kennedy and again
without being able to see the language
that appears before and after it's hard
for the context you deny that you said it
it
i can't say that i again i haven't seen
that language in front of me but what i
do know is that there have been voter id
cases in which courts have found but i
know i'm i'm familiar with the case but
i'm asking what you think because you
may be on the 11th circuit do you believe
believe
that voter id
it is it it is inappropriate
my commitment is to uphold the supreme
court's decision in crawford i know but
here you said it was unappropriate you
deny that
well again senator it would be it would
be helpful to know if if that
section of the report also cites to
cases in which federal courts have found
that certain voter id laws do pose an
burden on voters
thank you senator kennedy senator booker
i'm i'm going to yield senator
whitehouse who's more
more
senator white house more senior than
now that's no reason to yell yeah that's
a big group so
let's test them in the 40 though and see
who wins
kind of a clean sweep of the committee so
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