But if Joe Biden wins and the Democrats take the Senate on Election Day, we can be certain that they will make packing the Supreme Court a high priority. /2
If the Democrats succeed, they will pack the Court with liberal justices who will use the Court as a vehicle to implement their liberal policy positions.
Just like the Left wants, Supreme Court justices will look a lot more like politicians than judges. /3
The stakes could not be higher: Judge Barrett’s expected confirmation will be rendered meaningless if the Left succeeds at packing the Court. And the promise of a Supreme Court with a majority of true constitutionalist judges will become a distant memory. /4
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This week, the country had the opportunity to get to know Judge Amy Coney Barrett.
They got to hear from Judge Barrett in her own words, and see firsthand what an incredible Supreme Court justice she will be. /1
Senate Democrats were relentless this week in their quest to get Judge Barrett to weigh in on their campaign issues, and signal how she would approach cases that might come before her. /2
But through hours of questioning, Judge Barrett proved herself to be unflappable. She was continually gracious and poised as she patiently explained that she could not, in the words of Justice Kagan, provide a "thumbs up or thumbs down" on Supreme Court cases as a nominee. /3
Like then-Judge Ruth Bader Ginsburg when she was nominated in 1993, Judge Barrett should decline to answer any questions about issues that may come before her on the Supreme Court. /1
Ginsburg famously said that a “judge sworn to decide impartially can offer no forecasts, no hints,” about how she would rule on a case, “for that would show not only disregard for the specifics of the particular case, it would display disdain for the entire judicial process.” /2
Since then, *every* Supreme Court nominee has applied what has become known as the “Ginsburg Standard.” /3
One after another today, Senate Democrats are claiming that Judge Barrett would strike down Obamacare and jeopardize healthcare for millions of Americans.
This is just a baseless and false attack. /1
It is absurd to suggest that Judge Barrett—a mother of seven children, one of whom has special needs—is insensitive to the healthcare needs of normal Americans. /2
Judge Barrett has *never* said that she would strike down Obamacare. /3
Biden knows court-packing will mean a small super-legislature, dominated by people in his party that he would appoint, who would serve for life and be accountable to no one. 1/
This Supreme Court turned super-legislature would recognize few limits over how many laws it could virtually veto or rewrite according to liberal policy preferences. /2
And in contrast to real legislatures, this super-legislature could do what it wants, and there's nothing the voters would be able to do about it in future elections since justices are never on the ballot. /3
Because Democratic senators have no legitimate argument against the confirmation of Judge Barrett, they have made lame arguments attempting to delay the nomination process. /1
The latest is complaining that Barrett’s confirmation hearing can’t happen because of COVID-19. All 10 @JudiciaryDems say that to allow virtual attendance at a hearing remotely “is not an adequate substitute.”
But their actions throughout the pandemic contradict their words. /2
Since May, at least 21 hearings have been held in a format that included remote participation by senators, witnesses, or both.
Senators on the committee opted to attend virtually 17 times.
Six of the committee’s 10 Democrats chose to participate in hearings this way. /3