Amy Coney Barrett – Supreme Court Not A Super Legislature
After sitting in masked silence through nearly four hours of whining and badgering from
Democrat members of the Senate Judiciary Committee, Judge Amy Coney Barrett finally had an opportunity to explain her judicial philosophy, which she has likened to that of her conservative mentor, the late Justice Antonin Scalia.
“Courts have a vital responsibility to the rule of rule of law, which is critical to a free society. But courts are not designed to solve every problem or right every wrong in our public life,” Barrett said in a statement she delivered after removing the useless mask she was forced to wear most of the day.
“The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people. The public should not expect courts to do so, and courts should not try,” said Judge Barrett, according to reporting by Mark Sherman, Lisa Mascaro and Mary Clare Jalonick of the Associated Press.
Judge Barrett’s opening statement drew a sharp contrast with the Democrats’ implicit demands that she either commit to fixing Obamacare from the bench or even recuse herself from cases where she might rule differently than would a liberal justice, like the late Ruth Bader Ginsburg.
Faith and family punctuated her testimony, and she said she would bring “a few new perspectives” as the first mother of school-age children on the nine-member court.
Barrett said she uses her children as a test when deciding cases, asking herself how she would view the decision if one of her seven children were the party she was ruling against.
“Even though I would not like the result, would I understand that the decision was fairly reasoned and grounded in the law?” she said.
She ended by thanking those who say they have supported her, and made a reference to her own faith in doing so. “I believe in the power of prayer, and it has been uplifting to hear that so many people are praying for me,” Barrett said.
Bizarrely, the Democrats spent the entire hearing reinforcing Judge Coney Barrett’s argument against relying on the Supreme Court as the country’s super legislature.
The Supreme Court is scheduled to hear the Trump administration’s bid to invalidate the ACA on Nov. 10, a week after the election. “This well could mean that if Judge Barrett is confirmed, Americans could lose the benefits that the ACA provides,” said Senator Dianne Feinstein of California, the committee’s top Democrat.
"More than 130 million Americans with preexisting conditions like cancer, asthma, or even COVID-19 could be denied coverage" if Obamacare is struck down, said Sen. Feinstein during her opening remarks.
Then, Democrats unveiled a series of large photos of people - families, children, adults - who they say are at risk for losing health care coverage if Judge Coney Barrett is confirmed.
One after another Democrats then spoke about the future of the Affordable Care Act and its protections for people with preexisting conditions. Each Democrat senator highlighted the personal stories of constituents who have obtained coverage through Obamacare, also known as the ACA, or who have been affected by the Wuhan virus pandemic.
And Democrat presidential candidate Joe Biden even got in on the act, remarking before departing for Ohio: "This nominee has said she wants to get rid of the Affordable Care Act, this president wants to get rid of the Affordable Care Act. Let’s keep our eye on the ball."
Principled limited government constitutional conservative Senator Ted Cruz, said Democrats are seeking a commitment from Barrett that she would uphold the ACA, something she can’t offer as a judge.
“Making that promise would be violating the judicial oath,” said Sen. Cruz according to reporting by BloombergLaw.com, and later he pointed out, “Every single member of the Senate agrees that preexisting conditions can and should be protected. Period. The end. There is complete unanimity on this.”
Even if Judge Barrett had somehow communicated that she was going to “protect” Obamacare from the bench, Democrats would all still vote against her, because what Democrats were really trying to do is get Judge Coney Barrett to commit to continuing the activist judiciary’s five decades of legislating from the bench. Judge Coney Barrett’s steadfast statement that, “The policy decisions and value judgments of government must be made by the political branches elected by and accountable to the people,” is further confirmation that President Trump made an inspired choice in nominating her and Senator McConnell is doing the right thing by steering her confirmation through the Senate as expeditiously as possible.
Call the toll-free Capitol Switchboard (1-866-220-0044), tell Senator Lindsey Graham, Chairman of the Senate Committee on the Judiciary and Senate Majority Leader Mitch McConnell there should be no let up or slowdown in the confirmation of Judge Amy Coney Barrett.
Amy Coney Barrett
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