.@SenWhitehouse has anointed himself the unofficial arbiter on judicial independence and so called "captured courts"—or at least when it comes to judges appointed by Republican presidents. /1
But when his best friend, Rhode Island District Judge Jack McConnell, pens a partisan op-ed railing against DACA (litigation about which, by the way, is currently ongoing), it's nothing but crickets from Senator Whitehouse. /2
Is anyone really surprised? This is the way it always is with Senator Whitehouse.
"Judicial independence for thee but not for me."
"Dark money for me but not for thee." /3
Senator Whitehouse loves to rant about conservative dark money, but when it comes to left-wing dark money, the cat seems to always have his tongue. /4
And the Senator will gladly accept contributions from left-wing dark money groups like @LCVoters or speak at events for groups like @ACSLaw without batting an eye. /5 @susancrabtree
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
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