Patriots: For over 26 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2024 Year-End Campaign today.

October 30, 2020

The Left Doesn’t Fear Amy Coney Barrett, It Fears the Constitution

The left has been relying on the same brand of fearmongering over Republican-appointed judges for nearly 40 years.

Nothing threatens the progressive project more than the existence of a Supreme Court that adheres to the Constitution. It’s really that simple.

That’s what the tantrum over Justice Amy Coney Barrett’s confirmation is all about. The notion that the same Democrats who shelved the judicial filibuster and now threaten to destroy the separation of powers with a revenge scheme to pack the Supreme Court — the same people, incidentally, so fond of smear-drenched confirmation hearings — are sticklers for process or decorum is simply ludicrous.

For one thing, no norms have been undone by the confirmation of Barrett. If Democrats won a Senate majority in 2016, Merrick Garland would already be ensconced in the Supreme Court, election or no election. Many of the same Democrats now feigning outrage over Barrett’s confirmation, including Joe Biden, argued back then that it was the constitutional duty of the Senate to take up a vote. Our living constitution apparently offers contradicting directions from one election to the next.

If Trump had nominated Garland to replace Ruth Bader Ginsburg, Democrats wouldn’t have any problem placing him on the Court — not even on Nov. 2. Liberals act as if they are imbued with a theological right to dictate not only the terms but also the nominees, of confirmation hearings whether they win or lose elections.

And when you’re under the impression that the system exists solely to facilitate your partisan agenda, something will seem “broken” every time you lose. When Barack Obama was unable to pass his agenda after 2010, the system suffered from “dysfunction.” But now that Democrats are in the Senate minority, employing the very same tools to slow the president, we must “fix” the Electoral College, the Senate and, most recently, the Supreme Court. If Democrats win back the presidency in 2020, the opposition will no longer be “resisting,” it will be “obstructing.” The filibuster will need fixing again. The media will again obsess over the problem of “gridlock.” History’s trajectory arcs left, and everything else is just an impediment.

The left has been relying on the same brand of fearmongering over Republican-appointed judges for nearly 40 years. Ahead of the Barrett vote, Senate Minority Leader Chuck Schumer claimed this “will go down as one of the darkest days in the 231-year history of the United States Senate.” For contemporary Democrats, the day the GOP confirmed a wholly capable and highly accomplished woman to the highest Court in the land — using the process prescribed under which every justice in history has been confirmed — is as infamous as the filibuster of the Civil Rights Act or the caning of Charles Sumner.

To be fair, Schumer argued that a resolution against Trump’s removal earlier this year was also “one of the darker moments in Senate history” and also that passage of the watered-down Republican tax-reform passage was “one of the darkest … days in the long history of this Senate.” So, basically, any time Chuck Schumer loses is the new darkest day in history.

Once Barrett’s confirmation became a reality, however, Democrats began turning to the real problem. Originalism is the stick in the spoke of progressivism. This crusade has the demagogues leading the idiots. The former are people such as Massachusetts Senator Ed Markey, who alleges that “originalism is racist. Originalism is sexist. Originalism is homophobic. Originalism is just a fancy word for discrimination.” The latter are the minions who regurgitate this kind of vacuous talking point because they lack a basic comprehension of legal philosophies or civic education that includes an explainer on “amendments.”

None of which is to say the radicalized contemporary left has nothing to fear. Yesterday, Schumer warned: “A warming planet. Workers falling behind. Dark money flooding politics. The curtailing of the right to choose. The limiting of voting rights. Those are the consequences of this nomination.”

What he means, of course, is that an originalist-majority Court may slow progressive environmentalist policies that undermine personal freedom and local sovereignty. He means that the Court may make it more difficult for Democrats to adopt policies that compel workers to join and fund unions and chip away at the Janus decision. He means lawmakers may not be able to continue gnawing at Citizens United and weakening First Amendment protections. He means that unlimited third-trimester abortions on demand and funded by the state might be in trouble, that attacks on religious freedom might be blunted, and that states may be obligated to follow their own laws on Election Day rather than concoct rules as they go along.

Now, I have little doubt that a textualist court will let down partisan Republicans as well. Originalists disagree with one another quite often. But it is unlikely to overturn the traditional role of the state in American life. None of which means that liberals have to lose, only that to win, they’ll have to do so on the Constitution’s terms. The problem is that many would rather destroy it than do so. That’s what this debate is about. The rest is just noise.

COPYRIGHT 2020 CREATORS.COM

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.