Why Democrats and institutional Republicans should vote against Amy Coney Barrett, according to our Editorial Board.
, Barrett wrote: “I tend to agree with those who say that a justice’s duty is to the Constitution and that it is thus more legitimate for her to enforce her best understanding of the Constitution rather than a precedent she thinks clearly in conflict with it.” In the same article, Barrett didn’t mention Roe vs. Wade among decisions that she said were “included on most hit lists of super-precedents.
Senators also should question Barrett about her views about the scope of the 2nd Amendment. In 2019, she dissented from aaffirming that a businessman who pleaded guilty to mail fraud could lose his right to own a gun under statutes prohibiting the possession of a firearm by convicted felons. Stripping a nonviolent felon of the right to keep and bear arms, Barrett suggested, relegated the 2nd Amendment to the status of a “second-class right.
It’s understandable that Democrats on the Senate Judiciary Committee might be tempted to boycott hearings on Barrett’s nomination as a way of protesting the unseemly rush to confirm a new justice at the end of Trump’s term. It would be better for them to attend the hearings and question Barrett closely but respectfully about her views, putting her answers on the record. Then they can — as should institutionalist Republicans — vote against her confirmation.
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