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Judge Barrett is an originalist, not a conservative activist

David Limbaugh on

Sen. Chris Coons said that ACB would open up a new chapter of conservative judicial activism, but that is simply false. Republicans don't want judges to advance conservative policies but to interpret the Constitution according to its originally understood meaning. This could result in overturning liberal legislation and court-enacted laws if they are unconstitutional, but not otherwise. Liberal activists, on the other hand, do substitute their policy preferences for those of Congress and twist the Constitution to do it.

Examples of liberal activism abound, but you'd be hard-pressed to find one of conservative activism. Sen. Ted Cruz cited the example of school choice: Originalist judges wouldn't mandate that all states have school choice, but leftist judges would prevent them from having it. If Roe v. Wade were overturned, conservative judges wouldn't force states to outlaw abortions but would leave the question to their democratic determination.

Sen. Cory Booker said that replacing Ruth Bader Ginsburg with ACB would tilt the court further to the right. No, it would tilt the court further toward the Constitution, where it ought to be -- and there's a big difference.

It is not surprising that Democrats regard Barrett as a threat, given their reliance on unelected judges to usurp the lawmaking authority of the politically elected branches. But that is not how Republicans look at the judiciary, and if Democrats respected the separation of powers and truly wanted to protect the integrity of our republic, they would have nothing to fear from such stellar judicial nominees as ACB.

Democratic senators are campaigning from their senatorial perch instead of performing their duty of advice and consent. They are trying to scare voters into believing that ACB and other GOP-appointed judges will take away the people's coverage for preexisting health conditions. Just like they continue to falsely accuse Trump of not having denounced white supremacy, they are misleading the people on health care, knowing that even if the court strikes down the Affordable Care Act entirely, Republicans have guaranteed that any replacement bill would include coverage for preexisting conditions.

 

Using all relevant criteria -- judicial philosophy, qualifications, temperament and personal character -- Judge Amy Coney Barrett is one of the most qualified Supreme Court nominees in our history. Adding her to the court will not threaten our liberties but rather greatly protect them.

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David Limbaugh is a writer, author and attorney. His latest book is "Guilty by Reason of Insanity: Why the Democrats Must Not Win." Follow him on Twitter @davidlimbaugh and his website at www.davidlimbaugh.com. To read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate webpage at www.creators.com.

Copyright 2020 Creators Syndicate, Inc.
 

 

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