WHY AMY CONEY BARRETT IS SO IMPORTANT
WHY AMY CONEY BARRETT IS SO IMPORTANT
President Trump’s nomination of Amy Coney Barrett for the Supreme Court is a highlight of his Presidency and perhaps a hinge moment for the judiciary. Judge Barrett’s record and intellect suggest she can join Mr. Trump’s other appointees in reviving core constitutional principles in American law and life. . . .
Though she has only served three years on the federal bench, Judge Barrett certainly seems an exemplar of this model. At the White House on Saturday, Judge Barrett said her legal principles are those of the late Justice Antonin Scalia, for whom she clerked. This could be dismissed as a rote genuflection to the revered Scalia, but her opinions and scholarship suggest she means it.
As David Rivkin and Andrew Grossman write nearby, her reasoning shows careful attention to statute and the Constitution. Her dissent in Kanter v. Barr (2019) on broad restrictions on gun rights for convicted criminals is especially impressive. . . .
Click here to watch this 6 minute synopsis: https://www.wsj.com/video/series/journal-editorial-report/wsj-opinion-trump-nominates-amy-coney-barrett-to-the-supreme-court/746ED373-5958-4AD7-8CF7-7C7C278062EC
Judge Barrett looked at the constitutional history and the Supreme Court’s Heller precedent to make important distinctions that protect the Second Amendment the way liberal jurists once protected the First Amendment regarding unpopular political speech. Perhaps on the High Court she can coax Chief Justice John Roberts to stop treating the Second Amendment as the prodigal son of the Bill of Rights.
Democrats will portray her as a blank check for executive power, but they misjudge her principles. She has ruled against the Trump Administration on immigration law, notably inMorales v. Barr, a deportation case. . . .
The political left is also portraying Judge Barrett as a “radical” who will easily dismiss precedent, especially on abortion. This is what they say about every conservative, and they are wrong. She adhered faithfully to precedent on the Seventh Circuit, notably on abortion in Price v. Chicago (2019). One dissent she joined in an Indiana abortion case was vindicated at the Supreme Court. Our guess is that on overturning precedent she will fall in the Court’s middle—more willing than the Chief Justice but less than Justices Clarence Thomas and Neil Gorsuch. . . .
Anti-abortion conservatives once supported Anthony Kennedy for the High Court because like Judge Barrett he is Catholic, only to be disappointed in Planned Parenthood v. Casey (1992).
Roe was transcended by Casey, which further embedded abortion rights in precedent. You can believe, as even Justice Ruth Bader Ginsburg said, that Roe was based on faulty logic and still believe the right to abortion is too settled in law to overturn now. The real legal battleground will be over the limits of state regulation such as late-term abortion and health restrictions.
It’s no accident that Clarence Thomas is the only current Justice who has called for overturning Roe. Demanding that a nominee declare herself on Roe is a destructive exercise, whether from Democrat Mazie Hirono or Republican Josh Hawley, and Judge Barrett shouldn’t answer. . . .
One helpful change with a sixth center-right Justice is that Chief Justice Roberts would need to persuade at least one other conservative if he wants to form a majority with the three remaining progressives.
Democrats view all this with horror, but we think they would be wiser to view it as an opportunity. One reason Court nominations have become so bitter is because progressives have long viewed the judiciary as a second legislature for policies they can’t pass in Congress. Think racial preferences and climate regulation (Massachusetts v. EPA, 2007). If that avenue is foreclosed, as we hope it will be, then the left may have to achieve what they want the old-fashioned way—democratic persuasion and consent.
This is also a lesson for Republicans, who shouldn’t default to the courts simply because there are more conservatives on the bench. In the best case, a more modest Supreme Court that sticks to the law and its constitutional calling may even cause Congress to return to doing its job of forging durable consensus. . . .
(Excerpt from The Wall Street Journal. Article by The Editorial Board. Photo Credit: Getty Images.)
What do you think about the importance of Amy Coney Barrett? Discuss in the comments. . .
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Comments
Best news we have heard in a long long time. My prayer is Heavenly Father that you will continue to guide and protect her and her family. She will be a strong advocate in our justice system. Thank you Lord.
She seems wonderful ,smart, and a good example for others,
I found something I wrote in 2018 when I was praying for the Kavanaugh hearings. “I got joy as I prayed. A woman in labor has pain because her time has come but once the child is born, she has joy. [By our prayers] We are birthing those babies who would be aborted. They are in the heart of God and he wants to bring them forth. There is a time for everything… a time to be born and a time to die and it is not God’s will that these precious babies be murdered in the womb by their mothers. All Babies Deserve To Be Born!”
God your word says, Can a mother forget the baby at her breast? Even if she does, I will not forget you. Father God, please use our prayers to abort the abortions that the enemy inspires to happen in this nation. I am reminded of the woman in Revelation who was about to give birth and the dragon was there to devour the baby, but he did not succeed. Let it be so here, Lord!
I pray she and the nation will see the evil in the courts choices, even as the innocents have been protected from Moses to the holocaust. That unrighteous laws will be overturned and their scepter of racial and human hated will be replaced by the staff of correction.
As I read with a heavy heart this post and hear that Roe V Wade is more a settled law unable to be over turned, I am brought back to the story of Esther and the genocidal 1st edict of the king that could not be reversed or nullified. Then I remember that the 2nd edict of the King gave the Jews the right to defend their lives unto the death. I have been praying for the courts of men to overturn the laws of men rather than praying that the laws of men be re-written in defense of the lives at risk for genocide.
I realize this is a battle not for “regulation” of abortion but for the absolution of it just like with the sin of slavery when they were set free.
Amen and amen. I agree with my brothers and sisters. Hedge of protection over her. No weapon formed against her shall prosper . Over her family. Give her wisdom, understanding to answer the questions they will ask her. Matt.10:20 . For it is not I that speaks but the spirit of the living god that speaks through me. Thank you lord for it is you we look to for these requests. Praise you lord for your help upon her.
Personally, I believe Roe v. Wade can and should be overturned at the Federal level, and at the State level. We have new evidence to present with new technology like ultra-sound. Ultrasound images are the number one thing that convinces pregnant women not to have an abortion.This technology was not available at the time Roe was adjudicated. These images clearly show a live human being made in the Image of God.Only3-5 percent of abortions are because of rape or incest. Over 90% are for other reasons, none of which are worthy of taking a human life.I am pro-choice in the sense that the choice is to not have unprotected sex! I am not condemning anybody, as I may have been guilty myself. I had unprotected sex with a woman before I found Christ and she got an abortion. I shudder to think that when I get to heaven a little boy or girl may come up and say “hi daddy!” The brutal truth is, we have murdered almost seventy million babies in this land because of our selfishness, ten times the number killed in the Nazi Holocaust! The abortionists approach this as a money making business in many cases. We need to go by the Bible on this issue, not a bunch of fancy legalese. Jeremiah 1.5. Psalm 139. May God have mercy on us all!
Holy God, May nothing hinder YOUR appointee for Supreme Court Justice! May all the Justices have a wild and life changing encounter with You to soften or turn their hearts to You, stand on Your Word with Your Wisdom and execute Your Justice only.
Father I pray for this nominee and that You will protect her from the attacks that are bound to appear. Lord please shield her and guide her in Your will, guidance, and direction. In Jesus name, Amen.
Praise God for this nominee! Amy needs lots of prayers church and constant covering from attacks.PLEASE.
Abba:Spread your protection over Amy; that those who love your name may rejoice in you. For surely, O Lord, you bless the righteous; you surround them with your favour as with a shield.” Psalm 5: 11,12.
He will cover Amy with his feathers, and under his wing she will find refuge; His faithfulness will be her shield and rampart. Psm 91
Heavenly Father, Your will be done regarding this appointment to the Supreme Court. I pray the procedures to appointment will be according to Your will. I pray all those directly involved will seek Your will, and act accordingly. I pray for the candidate, and all directly involved. Grant them your wisdom and peace. Amen
We need pro-life Supreme Court Justices who will listen to God on how to proceed using the US Constitution as worded. Please God help Amy Coney Barrett in her new role and get voted in without a fuss.