You Make a Difference! Our mission and operations are funded entirely by Patriots like you! Please support the 2024 Year-End Campaign now.

October 27, 2020

Amy Coney Barrett Is a Triumph for the Constitution

Her confirmation to the Supreme Court presents voters with a real achievement.

“I’m saving her for Ginsburg,” President Donald Trump said of Amy Coney Barrett in 2018. True to his word, after Justice Ruth Bader Ginsburg died last month, Trump nominated Barrett to serve on the Supreme Court. Now-Justice Barrett was confirmed by a shamefully partisan 52-48 vote Monday night — a glaring contrast with the 96-3 display of bipartisan comity that confirmed Ginsburg in 1993. It’s also worth noting that Barrett was given her constitutional oath by Justice Clarence Thomas, who, after being subjected to Democrats’ attempted character assassination in 1991, was likewise confirmed 52-48.

Which party has politicized the Supreme Court?

Senate Majority Leader Mitch McConnell deserves immense credit for ignoring Democrats’ hyperventilating hypocrisy and nastiness toward a fine and qualified woman in order to push her nomination through before the election. Senate Minority Leader Chuck Schumer, on the other hand, defined the nastiness, grousing that Monday “will go down as one of the darkest days in the 231-year history of the United States Senate.”

The truth is that Barrett more than proved herself during Senate hearings. After Chief Justice John Roberts administered the judicial oath this morning, she took her well-deserved seat as the nation’s 115th — and only fifth woman — justice on the U.S. Supreme Court.

Now voters can decide if they’ll reward the Republicans’ calculated and precedent-following process that puts a constitutionally faithful originalist on the nation’s highest court, or if they’ll gamble on the Democrats’ bid to pack the Court and demolish America’s institutions.

Some Democrats cloaked their intentions in vague terms, following the lead of Joe Biden’s commission on court packing. Senator Kamala Harris, who may soon be president, falsely protested, “Today Republicans denied the will of the American people by confirming a Supreme Court justice through an illegitimate process — all in their effort to gut the Affordable Care Act and strip health care from millions with pre-existing conditions.” She then issued a veiled threat: “We won’t forget this.”

Massachusetts Senator Elizabeth Warren, who called Monday a “dark day,” railed against Barrett’s “illegitimate nomination.” Ohio Senator Sherrod Brown insisted that “everything is on the table” in terms of countering it. Connecticut Senator Chris Coons said he’s ready for a “wide-open conversation” because Trump’s nominees can’t “be allowed to sit peaceably.”

House Speaker Nancy Pelosi mused, “Should we expand the courts? Let’s take a look and see.”

Others just came right out and said it. “We must expand the Supreme Court,” declared Massachusetts’ other senator, Ed Markey. “Expand the court,” proclaimed both Representatives Alexandria Ocasio-Cortez and Ilhan Omar.

Which party will continue to politicize the Supreme Court?

Meanwhile, a couple of Republicans bear particular mention. First of all, Susan Collins of Maine, who’s in trouble in her reelection bid, was the only GOP senator to vote “no.” In declaring her intent, she grossly mischaracterized the Republicans’ position on Merrick Garland in 2016: “The Senate should follow the precedent set four years ago and not vote on a nominee prior to the presidential election.” That was not the precedent. The GOP went to great pains in 2016 to explain that a White House and Senate in the hands of opposing parties, not the mere fact of an election year, created the need for an electoral decision.

On the plus side are three other Republicans. As The Wall Street Journal editorial board put it, “[Judiciary] Chairman Lindsey Graham left the campaign trail to lead the Judiciary Committee hearings. Senators Cory Gardner and Martha McSally, who might lose on Nov. 3, didn’t flinch.”

And, again, McConnell has masterfully stewarded not just this nomination but those of Neil Gorsuch and Brett Kavanaugh, as well as more than 200 federal judges in the lower courts that will go a long way toward bending the judiciary back to the Constitution. He argues that Barrett’s confirmation will “not [be] a liability” for GOP Senate candidates “but an asset.” Republicans are certainly hoping he’s right and that they hold the Senate.

On a final note, we’ll excerpt some of Barrett’s remarks in Monday night’s ceremony:

Thank you, President Trump, for selecting me to serve as an associate justice at the United States Supreme Court. It’s a privilege to be asked to serve my country in this office. I stand here tonight truly honored and humbled. Thanks also to the Senate for giving its consent to my appointment. I am grateful for the confidence you have expressed in me and I pledge to you and the American people that I will discharge my duties to the very best of my ability. …

I have spent a good amount of time over the last month at the Senate, both in meetings with individual senators and in days of hearings before the Senate Judiciary Committee. The confirmation process has made ever-clearer to me one of the fundamental differences between the federal judiciary and the United States Senate, and perhaps the most acute is the role of policy preferences. It is the job of a senator to pursue her policy preferences; in fact, it would be a dereliction of duty to put policy goals aside. By contrast, it is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give in to them.

Federal judges don’t stand for election, thus they have no basis for claiming that their preferences reflect those of the people. This separation of duty from political preference is what makes the judiciary distinct among the three branches of government. A judge declares independence not only from Congress and the president, but also from the private beliefs that might otherwise move her. The judicial oath captures the essence of the judicial duty; the Rule of Law must always control.

My fellow Americans, even though we judges don’t face elections, we still work for you. It is your Constitution that establishes the Rule of Law and the judicial independence that is so central to it. The oath that I have solemnly taken tonight means at its core that I will do my job without any fear or favor and that I will do so independent of both the political branches and my own preferences. I love the Constitution and the democratic republic that it establishes, and I will devote myself to preserving it. Thank you.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.