Published September 25, 2020 at 1:05 PM EDT. Empathy does not supersede a judge's obligation to follow the law.". She got her law degree from Columbia University in 1992, and she practiced law in Miami for 10 years before, representing, pro bono, the Miami relative of Elián González in 2000. Although she has been a federal judge for less than a year, Lagoa's background and judicial philosophy are attractive qualities for the president and conservatives. Board of Directors: Open Meeting Schedule, 11th U.S. In 2019, newly elected Republican Gov. Upheld Florida Gov. "A judge's decision must be governed by the law and the facts and cannot be affected by sympathy for one party or another," she wrote in response to questions from Senate Democrats in 2019 for her confirmation to the federal bench. The case was a consequential one. 11th Circuit Court of Appeals in Atlanta later that year same year. Lagoa also said she is not a fan of the philosophy put forward by former President Barack Obama that empathy was important in a judge. The political flap over González's case highlighted tensions over federal power in the United States and the political influence of the Cuban American community in South Florida. Amy Coney Barrett, a devout Catholic, is hailed by religious conservatives and others on the right as an ideological heir to Antonin Scalia. The federal courts upheld the measure three times against a law passed by the Republican-dominated Florida Legislature that sought to neuter the constitutional amendment. "If we are not bound by what the Constitution means, and it is ever changing, then we are no different than the country that my parents fled from, which is Cuba," Lagoa Lagoa pledged in her U.S. Senate confirmation hearing that she would recuse herself from any case in which she had participated as a judge. Originally published on September 25, 2020 1:55 pm. She described the depths of her beliefs in that doctrine in her Senate confirmation hearing. ". Here's how the Tampa Bay Times described her position: "Lagoa and her supporters counter that the cases were technically different — even though the issue was basically the same. "Cuba has a constitution and a bill of rights, and it means nothing," she said, "because there is no one to hold it and to say, 'This is what the definition of this constitution means' if it is always ever-changing. González was the 5-year-old boy found floating in the ocean after his mother and others drowned while trying to flee to the United States. With Lagoa's support, the court reversed a previous decision favoring homeowners on the grounds that it didn't have jurisdiction over the case", "Joined in a ruling that Uber drivers are not entitled to unemployment benefits because they are independent contractors and not employees. Empathy does not supersede a judge's obligation to follow the law.". Though she was gone from the state court by the time the advisory opinion in the case was issued, judicial ethics rules require a judge to recuse herself if she has previously participated in any "proceeding" at "any stage of litigation.". Copyright © 2020 by The Associated Press. But the 11th Circuit Court of Appeals, with Lagoa participating, intervened earlier this year to prevent the ex-felons from voting. Con: another catholic private school kid. Federal appeals court Judge Barbara Lagoa is high on President Trump's list of potential nominees for the Supreme Court seat left open by the death of Justice Ruth Bader Ginsburg. To see more, visit https://www.npr.org. Federal appeals court Judge Barbara Lagoa is high on President Trump's list of potential nominees for the Supreme Court seat left open by the death of Justice Ruth Bader Ginsburg.
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