What SCOTUS Currently Is Shows Why America Needs Amy Coney Barrett and Originalism
As has been discussed on this site in numerous previous articles, namely my articles on Restoring the Lost Constitution and How to Interpret the Constitution, and Professor Sheldon’s article on understanding the Constitution, America is in crisis right now in part because our courts and judges have not preserved the Constitution in the way they should. That failure has been nowhere more obvious than at the nation’s top court, which Chief Justice John Roberts has perverted and turned into a body that cares more about its image than the rule of law, as shown by his recent mail-in voting decision. Because of that, it needs Amy Coney Barrett and originalism.
Justices Scalia and Thomas were once the beacons of true rule of law and originalism on the Supreme Court. Together, they fought for what they saw to be correct and tried to ensure that the Constitution was respected and actually regarded as the law of the land, rather than a document of suggestions.
But then, on February 13th of 2016, Justice Scalia died and SCOTUS was left without a solid, originalist footing. While Justice Gorsuch was an excellent choice, his beliefs are not exactly what America needs, as shown by his decision in McGirt vs. Oklahoma. Similarly, Justice Kavanaugh was an excellent choice as Justice Kennedy’s replacement and is obviously better than Kennedy was. Kennedy’s ruling in Obergefell v Hodges was particularly terrible. However, Kavanaugh is also not the staunch originalist type of judge that America needs, as shown by some of his recent decisions. However, because the Democrats slandered him during his confirmation hearing, I think he is more reliable than Gorsuch.
But still, despite Trump being able to pick two judges already, America needs Amy Coney Barrett and originalism. Right now, other than Justice Thomas, even the supposedly “originalist” judges are not actually originalists. They have perverted the law and gradually turned the Constitution into a “living” document; that’s a process that began during the progressive era of liberal fascism and sadly continues to this day, especially in the property rights area of law. But, perhaps, with Amy Coney Barrett and originalism, that process will end and the rule of law will once again be fixed rather than variable.
Justice Thomas needs a partner on the court to ensure that the rule of law is fixed, as Scalia once was. ACB would be that partner and help right the ship of SCOTUS, which is why America needs Amy Coney Barrett and originalism. We need a steady and law-focused court, which ACB and Thomas can together create in partnership with Kavanaugh, Gorsuch, and Alito. With those five partnered together and ACB and Thomas providing the much-needed originalist backbone, we will no longer have to worry about Chief Justice Roberts and his insistence on avoiding tough questions or making unpopular decisions.
What Originalism Is
Here is the definition of originalism, provided by The Constitution Center, for those that don’t already know what it is. I believe that the definition alone should show you why we need Amy Coney Barrett and originalism:
“Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law. The original meaning of constitutional texts can be discerned from dictionaries, grammar books, and from other legal documents from which the text might be borrowed. It can also be inferred from the background legal events and public debate that gave rise to a constitutional provision.
The original meaning of a constitutional text is an objective legal construct like the reasonable man standard in tort law, which judges a person’s actions based on whether an ordinary person would consider them reasonable, given the situation. It exists independently of the subjective “intentions” of those who wrote the text or of the “original expected applications” that the Framers of a constitutional text thought that it would have.”
Further evidence of why America needs Amy Coney Barrett and originalism comes from her own description of it and how it would apply to her judicial decisions during her nomination at the Rose Garden:
“[Justice Scalia’s] judicial philosophy is mine too: A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they might hold.
But this evening, I also want to acknowledge you, my fellow Americans. The President has nominated me to serve on the United States Supreme Court, and that institution belongs to all of us.
If confirmed, I would not assume that role for the sake of those in my own circle, and certainly not for my own sake. I would assume this role to serve you. I would discharge the judicial oath, which requires me to administer justice without respect to persons, do equal right to the poor and rich, and faithfully and impartially discharge my duties under the United States Constitution.”
Here’s the video:
So yes, Amy Coney Barrett and originalism go hand in hand and are just what America needs right now. Together, and paired with other judges like Kavanaugh and Thomas, they will provide the judicial backbone that America needs. She will be the new Scalia.
What Situations Make It True that America Needs Amy Coney Barrett and Originalism?
Read the above description of originalism and how ACB said that it would affect her judicial philosophy. Does it sound like the philosophy of an activist judge that would pervert the law in favor of either conservative or liberal causes? Or does it sound like the philosophy of someone who cares deeply about the law and would apply it justly to everyone, whether they were on the right or on the left?
Of course, it sounds like the latter and that is why America needs Amy Coney Barrett and originalism right now. Not tomorrow, not next week, certainly not next month. Right now.
Just think about the issues that will potentially be coming across the Supreme Court’s radar in the near future. Obamacare. DACA. Wealth taxes. Mail-in voting. Various 2nd Amendment issues. Maybe even the presidency.
Who would you prefer to be on the bench when those issues crop up? Would you rather be reading about Amy Coney Barrett and the ACA/healthcare or Merrick Garland and healthcare? Amy Coney Barrett and the 2nd Amendment, or a RBJ clone and the 2nd Amendment? Amy Coney Barrett and Trump’s reelection, or Justice Roberts and Trump’s reelection.
Every conservative should want to read about “ACB and…” not only because Trump has appointed her, but also because she is a staunch originalist that would fairly and judiciously apply the rule of law in every situation. Whether a case about the election, the ACA, mail-in voting, the 2nd Amendment, or any other issue, Amy Coney Barrett and originalism would be far better for America than any of the alternatives. Support her confirmation if you care about America and want it to remain the nation that the Founders were attempting to create.
Conclusion
Luckily for us, a recent Gallup poll found that 51% of American already support an ACB confirmation; they realize that we need Amy Coney Barrett and originalism right now and want her put on SCOTUS. That means that the majority of Americans see the benefits of having another staunch originalist on the court.
And a final point is that we don’t need Amy Coney Barrett and originalism for partisan reasons. I doubt that all of her decisions would support Republican policy objectives. Instead, we need her because originalism will bring stability and a restored faith in at least one of America’s institutions.
Right now, Americans on the right and left don’t trust any of our major institutions. We on the right have seen that the FBI and DOJ are corrupt and on the side of Democrats. The media is a virus that lies about things such as the veracity of the Hunter Biden emails. Everyone sees that Congress isn’t doing its job. Lower courts do not apply the law fairly. Police often misbehave, although not to the extent that the left claims they do. And, because of John Roberts, Americans are losing faith in SCOTUS.
But, with Amy Coney Barrett and originalism, maybe we can regain our faith in at least one of those branches. I’m not saying that her confirmation will solve all of those issues, but it will probably help. Call your Senators and demand they confirm her ASAP!
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