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Barrett’s critics from the right have got her wrong

  

Category:  Op/Ed

Via:  hallux  •  4 months ago  •  6 comments

By:   Ramesh Ponnuru - WaPo

Barrett’s critics from the right have got her wrong
The justice’s opinions are calm and fair-minded. The attacks on her are not.

S E E D E D   C O N T E N T


It isn’t surprising that a Supreme Court justice who voted to overturn  Roe v. Wade , end affirmative action in college admissions, expand gun rights and allow states to ban puberty blockers for minors would receive a lot of criticism, some of it vicious. What’s strange is that the angriest words lately are coming from commentators on the right who agree with those votes.

Podcaster Matt Walsh,  posting on X  on June 30, called Justice Amy Coney Barrett “a DEI hire,” one who is “little better than” Justice Ketanji Brown Jackson,  adding : “The worst Supreme Court Justices of all time have all been women. That’s just a fact.”


The   same day , also on X, Rep. Nancy Mace (R-South Carolina) wrote, “Barrett should be removed from the Bench.” White House aide Stephen Miller on Fox News   accused the justice   of having “decided to cave to the radical left.”



President Donald Trump began disparaging Barrett after the court ruled in February that Congress had not given him the authority to impose tariffs based on a supposed national emergency. He said that Barrett and Justice Neil M. Gorsuch, two of his appointees who voted with the majority, had   embarrassed their families   and “ shown so little respect   to our Country.” He complained as well that they went out of their way to show their independence from him.



Barrett-bashers have focused on two other decisions from this term. Barrett wrote a majority opinion holding that Congress had allowed states to count mail-in ballots received after Election Day. And — in the case that has generated the most outrage on the right — she agreed that when illegal immigrants or foreign visitors give birth in the United States, the Constitution grants the children automatic citizenship.


All of Barrett’s votes and opinions are fair game for criticism. The dissenters had some strong arguments in each of these three cases. Frequently, though, the attacks on Barrett don’t even try to demonstrate that she got the law wrong. Sen. Eric Schmitt (R-Missouri) called her mail-in ballot decision “ shockingly wrong ” and “terrible for election integrity,” sidestepping the key question: whether Congress had ever enacted his ideas about election integrity.


The birthright citizenship decision, meanwhile,  closely followed the reasoning  of a 128-year-old precedent that neither the Trump administration nor any justice called for overturning. The four dissenters from the constitutional holding in the case had at least three different readings of the law. Maybe four, as it is not clear that Gorsuch and Justice Clarence Thomas agree on whether the Constitution grants citizenship to most children born in the U.S. to illegal immigrants. (Barrett is one of the few justices who did not write an opinion in the case, which makes it a bit odd that she is taking the most flak for it.)



None of that proves that Barrett and the four colleagues who joined the majority opinion got the legal issues right. But it means they weren’t as blatantly wrong as the toughest attacks assume. And while many of the opponents of the decision have spoken as though it puts the U.S. on an inevitable path to doom, the political branches   retain many means   of combating illegal immigration and birth tourism.


Right-wing activist Stephen K. Bannon, who has said Barrett should step down , has been promoting the idea that Barrett’s jurisprudence suffers from  hostility to Trump . But this doesn’t square with her record, including her votes to hold him immune from prosecution for official acts, to quash challenges to his appearance on the 2024 ballot and to block district judges from issuing nationwide injunctions against the Trump administration.



Far from being one of the worst justices in history — which would put her in the company of Chief Justice Roger Taney, the author of   Dred Scott —   she is among the best. Even if conservatives were to judge her on the basis of how frequently she frustrates their policy objectives, she is nothing like Anthony M. Kennedy, a Republican appointee who often voted with the liberal justices on cases involving abortion, gay rights and the environment. Nor is she like David Souter, another Republican appointee, who voted with liberals on, well, everything.



A new attack on Barrett surfaced after she testified to Congress that Supreme Court justices need more security: Supposedly   she was admitting   that threats against her were influencing her judicial decisions. She, of course, said nothing of the kind.


You don’t have to agree with all of Barrett’s jurisprudence to recognize that she is, one, thinking about the law in a way that conservatives have championed for decades, and two, helping the court deliver one victory after another, both in legal and policy terms, for the right. Her opinions reflect a calm and fair-minded evaluation of the facts and arguments before her. Her right-wing critics obviously labor under no such constraints.



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Hallux
Professor Principal
1  seeder  Hallux    4 months ago

Ain’t nothing T-MAGA likes more than dining on real conservatives.

 
 
 
devangelical
Professor Principal
1.1  devangelical  replied to  Hallux @1    4 months ago

forget the constitution, maga doesn't like it when any of it's membership won't goosestep in unison. especially when they've been gifted power by the chosen one ...

 
 
 
Split Personality
Professor Participates
2  Split Personality    4 months ago

I wish she could have just recused herself on the abortion issue instead of voting her religious beliefs which do not necessarily apply to everyone else.

She obfuscated during her confirmation hearings without lying, but it was e distiction without a difference.

Otherwise she has been decent so far.

 
 
 
Trout Giggles
Professor Principal
3  Trout Giggles    4 months ago
President Donald Trump began disparaging Barrett after the court ruled in February that Congress had not given him the authority to impose tariffs based on a supposed national emergency. He said that Barrett and Justice Neil M. Gorsuch, two of his appointees who voted with the majority, had   embarrassed their families   and “ shown so little respect   to our Country.” He complained as well that they went out of their way to show their independence from him.

Aren't SCOTUS judges supposed to be independent of the Executive Branch?

 
 
 
Snuffy
Professor Participates
3.1  Snuffy  replied to  Trout Giggles @3    4 months ago

Aren't SCOTUS judges supposed to be independent of the Executive Branch?

Yes they are and I think the paragraph you pasted into your comment proved that to be true. 
SCOTUS is also supposed to be independent of the Legislative Branch, ie they are a co-equal branch of the Federal government. That hasn't stopped politicians from either of those two branches from bitching about justices when they don't rule the way a party wants them to. 
 
 
 
Trout Giggles
Professor Principal
3.1.1  Trout Giggles  replied to  Snuffy @3.1    4 months ago

I learned that all 3 branches are equal and not one of them is more powerful than the other

Checks and Balances

 
 

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