The Party of Science is about to make yet another spectacular display of its rampant anti-intellectualism as it gears up to contest the nomination of Judge Amy Coney Barrett to the Supreme Court. Among other things, we are told that Judge Barrett should be denied a seat on the nation’s highest Court because she has 7 kids, 2 of whom are non-white adoptees from Haiti. Trans racial adoption is supposedly evidence of racism. Then again, for progressives, everything is evidence of racism of one sort or another.
One Democratic operative went so far as to insinuate (without evidence as CNN loves to report about Donald Trump) that Judge Barrett and her husband may have illegally spirited the 2 children in question out of Haiti. Dana Houle, a Democratic operative, recently tweeted that “[He]… would love to know which adoption agency Amy Coney Barrett and her husband used…Some adoptions for Haiti were legit. Many were sketchy as hell. And if the press learned they were unethical and maybe illegal adoptions, would they report it? Or not bc it involves her children.”
Needless to say the airwaves haven’t been full of progressive objections to this sleazy innuendo.
We have also been treated to attacks on Judge Barrett as being emblematic of the submissive women in Margaret Atwood’s dystopian novel the Handmaid’s Tale. This despite the fact that she graduated #1 in her class at Notre Dame Law school, served as executive editor of the Notre Dame Law Review, served as a clerk for Justice Antonin Scalia, served as a tenured Professor at Notre Dame Law school where she was awarded the Distinguished Professor of the Year 3 times, and despite the quality of her academic publications as well as her signed opinions as a federal appeals Court judge on the 7th circuit.
Judge Barrett’s long publication record will be used —misused actually—to distort her positions on legal and political questions. Then again it is important to understand that truth is of little importance to Judge Barrett’s progressive opposition. Their goal is to make the confirmation vote as costly as possible for Republicans. Their chosen tactic will be to smear the Judge and her family with personal attacks on her religious beliefs and her policy preferences, and then imply that the Judge will use her position on the Court to impose those beliefs on the nation.
The irony in this is obvious. It is progressive justices who have done precisely that, arguing that the Constitution is a “living breathing” document; apparently believing it is a document only capable of breathing progressive doctrine. And here it is worth considering what Judge Barrett has actually said and written.
For example, when during her 2017 confirmation she was queried about if and when it would be proper for a judge to impose her personal beliefs when applying the law, this is how she responded. (See The Washington Post).
“Never. It’s never appropriate for a judge to impose that judge’s personal convictions, whether they derive from faith or anywhere else on the law.”
This is where the rubber meets the road. Progressives and Democrats are united in their opposition to Judge Barrett precisely because she actually believes and acts in a way that progressives only pretend to. The proof is in the campaign against her. Progressives argue that she “will take your health care away”, that she will “restrict abortion rights”, that she has had the effrontery to write that 2nd amendment rights are not second class rights, and that she will not show sufficient deference to a bureaucracy dominated by progressives.
These are all complaints about preferred policy outcomes; they are not legal arguments. Courts are not supposed to be super legislatures. Ruling on the law as written is what judging is supposed to be about. In a democracy changing the law requires gathering the votes to do so. The more important the change, the larger the required margin. That requires using powers of persuasion to develop a legislative consensus.
That is why Amy Coney Barrett is such a threat to the control freaks who call themselves progressives. By adhering to the law as written, she respects the structure of the U.S. government as it was founded, with its checks and balances designed to allow a functioning democratic government while protecting individual people’s “unalienable rights” from the majority’s passions of the day.
She should be confirmed without delay.